School Attendance Matters Guidance on policy, practice and other matters that impact on school attendance Children, Young People and Learning October 2011 School Attendance Matters School Attendance Matters CONTENTS INTRODUCTION SECTION ONE: THE LEGAL FRAMEWORK FOR MANAGING ATTENDANCE SECTION TWO: PARENTS AND CARERS AND ATTENDANCE MATTERS SECTION THREE: THE SCHOOL AND ATTENDANCE MATTERS SECTION FOUR: GOVERNORS AND ATTENDANCE MATTERS SECTION FIVE: THE LOCAL AUTHORITY AND ATTENDANCE MATTERS APPENDICES Appendix 1 The Education (Pupil Registration) (England) Regulations 2006 Appendix 2 Absence and Attendance Codes Appendix 3 Schools, Parents and Parental Responsibility Appendix 4 Protocol for Penalty Notice Appendix 5 Fast Track to Prosecution Appendix 6 Model School Attendance Policy Appendix 7 Changing Pupil Names on School Records Appendix 8 Request for Holiday in Term Time Appendix 9 Flow Chart Appendix 10 Sample Letters to parents Appendix 11 Education Welfare Service – Referral Process Appendix 12 Checklist for Missing Children i School Attendance Matters ii School Attendance Matters INTRODUCTION The purpose of this manual is to provide information, support and guidance to Bracknell Forest schools, both staff and governors, and to parents and carers about matters that can help to secure good school attendance. Bracknell Forest Council (BFC) promotes the importance and value of education. The Local Authority, schools, governors, teachers, parents/carers and pupils work together towards a common goal of high standards that will enable children and young people to maximise their potential. The Bracknell Forest Children and Young People’s Plan 2011‐2014 sets out the following: Our ambition for all children and young people in the Borough is to provide opportunities to maximise their potential and strive for excellence. We want our children and young people to do well in school, have high aspirations, to be happy and healthy and to grow up to become well adjusted adults, able to play an active and confident role within the community. To take advantage of what is on offer in our local schools, it is essential that pupils attend regularly. The link between attendance and outcomes Recent guidance from the Department for Education has exhorted schools and Local Authorities to intervene early to address issues of poor attendance. Whilst attendance levels in Bracknell Forest remain above national averages and in line with statistical neighbours in both primary and secondary schools, the consequences for individual pupils are of concern: The poor attendance of a number of pupils can disrupt their own learning and that of other pupils. These children quickly begin to fall behind their peers and often never fully catch up with gaps in their skills and knowledge. Over time these pupils become bored and disillusioned with education and by years 10 and 11 they are lost to the system. These pupils are the most likely to become ‘Not in Education, Employment and Training’ (NEET) when they leave school and easily fall into anti-social behaviour and crime. Not surprisingly there is a clear link between poor attendance at school and low levels of achievement. Of pupils who miss between 10 percent and 20 per cent of school, only 35 percent manage to achieve five A* to C GCSEs including English and mathematics. This compares to 73 percent of pupils with over 95 percent attendance achieving five A* to Cs including English and mathematics. (DfE July 2011). This Guidance This guidance is intended to: promote the value and importance of regular attendance at school identify those with specific responsibility for school attendance iii School Attendance Matters clarify the work of the Education Welfare Service in school attendance matters share good practice offer advice on ‘a whole school attendance policy This guidance and practice manual covers a number of key areas which will help to improve pupil attendance in the schools in Bracknell Forest. It cannot cover every eventuality and must be read in conjunction with other documents, guidance and policy. Where concerns are broader than attendance you may need to decide if a referral should be to other services, for example, through the Common Assessment Framework or directly to Children’s Social Care duty team for child protection issues. If there are any areas of doubt or concern, contact the Children & Families Manager or the Education Welfare Service. The guidance has been written to enable each section to be used separately; the pages are therefore not numbered consecutively throughout. Any section can be copied or downloaded for use as appropriate by a particular group or person e.g. sections for governors or parents/carers. Sections of the guidance may also be updated from time to time without the need to reproduce the complete guidance. Please consider the updated information in this new attendance manual and bring it to the attention of staff, governors, parents and carers in your setting. We look forward to continuing working together in partnership, building on existing good practice, developing new strategies and thus enabling the children and young people of Bracknell Forest to improve school attendance and punctuality and achieve their full learning potential. This manual will be reviewed regularly and amended as appropriate and you are invited to send any comments for inclusion in this process to the Children and Families Manager. iv School Attendance Matters v School Attendance Matters SECTION 1 THE LEGAL FRAMEWORK FOR MANAGING ATTENDANCE The Law Compulsory Education Compulsory School Age Education in Accordance with Parental Wishes Pupil Registration Traveller Children Ensuring Attendance Home Education Truancy Education Supervision Orders Parenting Orders Transfer from One School to Another Reporting School Performance Information Definitions 1 School Attendance Matters 2 School Attendance Matters THE LEGAL FRAMEWORK FOR MANAGING ATTENDANCE The Law A significant amount of inter-related legislation governs practice relating to the attendance of children and young people in school. The following summarises statutory responsibilities. Further detail can be obtained from the original documentation: references to relevant Acts of Parliament and Statutory Instruments are therefore included. Compulsory Education The Education Act 1996 Section 7 states: The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable to his age, ability and aptitude, and to any special educational needs he may have, either by regular attendance at school or otherwise. This means that if a child is registered at school, his or her parents have the primary legal responsibility for ensuring that their child attends regularly (see definition of parent, towards the end of this section). Compulsory School Age Compulsory school age is defined as starting at the age of five when a child should attend school. Precisely, this means from the start of the term commencing on or after his/her fifth birthday. In practice most children start earlier than this but parents/carers have the right to delay schooling until this time. The Education (School Leaving Date) Order 1997 No.1970 states that for the purposes of calculating compulsory school age, the leaving date shall be the last Friday in June in the school year during which he/she becomes 16. This has implications for attendance. For example, a pupil may be 16 and already have a National Insurance (NI) number but cannot leave school until the last Friday in June. Conversely a pupil who is still 15 by the last Friday in June but will be 16 before the end of the academic year may leave on the last Friday in June. The academic year runs from 1 September until 31 August. Education in accordance with parental wishes Parents have the right to make decisions about the type of education that their child receives. The Education Act 1996, Section 9 states: In exercising or performing all their respective powers and duties under the Education Acts, the Secretary of State, and local education authorities shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure. 3 School Attendance Matters The Local Authority has a duty to satisfy itself that any children not in school are receiving a suitable education. Parents who choose to educate children outside the school system are requested to produce evidence of progress of the child’s education. The Local Authority has a responsibility to ensure that these children and young people receive an appropriate education in line with the Education Act 1996 Section 7. Whilst maintaining records of children and young people whose parents decide to remove them from school is relatively straightforward, there is no requirement for parents to notify the Local Authority in situations when a child has never been admitted to any school. The Local Authority will be alert to any information that it receives from partners, particularly health, and members of the local community in these circumstances and seek to make contact with the family. Pupil Registration Details of responsibilities with regard to Pupil Registration are found in The Education (Pupil Registration) (England) Regulations 2006; see Appendix 1. The regulations deal largely with the matters relating to admissions and attendance registers, including dual registration, and the regulations surrounding authorised and unauthorised absences. This legislation remains current with a minor amendment in 2010 to allow for instances in which a local or national emergency has resulted in widespread disruption that has prevented the pupil from attending school. The absence and attendance codes for use in pupil registration can be found in Appendix 2. Traveller children In accordance with the above regulations, a “traveller child” comes with the definition of a pupil who has no fixed abode for the reason that his parent is engaged in a trade or business of such a nature as to require him to travel from place to place; and is at any time registered as a pupil at two or more schools. The absence of a traveller child from a base school (the school that the child attends when not travelling) will be recorded as an authorised absence (not as an approved educational activity). The base school must keep the place open for the child’s return. Ensuring Attendance The Local Authority has a responsibility to ensure attendance at school. This is exercised under the Education Act 1996 and the Children Act 1989. Enforcement measures can include prosecution, the use of fixed penalty notices, parenting contracts and orders in respect of the Anti-Social Behaviour Act 2003. In Section 116 of the Education Act 2005 a new section was inserted in the Education Act 1996, Section 444ZA. This extends the circumstances in which a person with parental responsibility, (as defined in Section 576 of the Education Act 1996) can be issued with a penalty notice or can be prosecuted for failing to ensure that a child for whom they are responsible attends regularly at alternative educational provision that has been made for them by the local authority. Education (Penalty Notices) (England) Regulations 2007. Statutory Instrument 1867. 4 School Attendance Matters Elective Home Education The Education Act 1996 makes it clear that it is the duty of the parent/carer of every child of compulsory school age to cause him/her to receive efficient full time education suitable to his/her age, ability and aptitude, and taking account of any special education needs, either by regular attendance at school or otherwise. Therefore parents do not have to enrol their child at school but can choose what is called Elective Home Education. Truancy Truancy may be described as one specific form of absence, i.e. when a pupil decides not to go to school or decides to walk out of school without the approval or knowledge of school or parents. Police officers have the legal right to return a ‘truant’ to school or to another place designated by the Local Authority, under Section 16 of the Crime and Disorder Act 1998. It should be noted that this is not a power of arrest or detention nor does it make truancy a criminal offence. In Bracknell Forest, the ‘designated place’ is the pupil’s registered school. In circumstances where a pupil has been into school and registered and then walks out, the school cannot be held responsible for his or her welfare when off site. In these cases, the Local Authority is unable to take legal action if the pupil has been marked present in the register. Truancy should not be confused with condoned absence i.e. absence when the parent is aware, e.g. family holiday taken without the authorisation of the Headteacher. Education Supervision Orders A local authority may apply to the court under section 36 of the Children Act 1989 for an education supervision order as a means of working with parents to ensure regular school attendance, whether or not the child is enrolled at a school, (see definitions towards the end of this section). Parenting Orders The Anti-social Behaviour Act 2003 introduced new powers for local authorities to apply for a parenting order to help address children’s attendance and behaviour in school. Before applying for a parenting order, the Local Authority would normally develop parenting contracts in their efforts to improve a pupil’s attendance and behaviour (see definitions towards the end of this section). Transfer from one school to another In the event of a child moving from one school to another, the pupil’s common transfer information and educational record must be sent on to the receiving school within 15 days. This legislation can be found in Education (Pupil Information) (England) (Amendment) Regulations 2005. Statutory Instrument 1437. The “school to school” (S2S) website should be used to trace children who leave school without notice or arrive suddenly from another area. 5 School Attendance Matters Reporting School Performance Information All maintained schools must report the numbers of pupils of compulsory school age registered at the school and the number of pupils with one or more absences during the relevant period to the Secretary of State through the termly School Census. Details of regulations concerning these requirements can be found in The Education (School Performance Information) (England) Regulations 2007. Statutory Instrument 2324. Definitions: Child: In legal terms a child is usually understood to be a person under the age of 18 years. There is, however, extension to the age range in some circumstances for young people with learning difficulties or young people leaving care (Section 9 of the Children Act 2004). However, with regard to school attendance issues regulations only apply to compulsory school age children i.e. broadly 5-16 years as discussed earlier in this document. Parent: (Under Section 576 of Education Act 1996) In this Act, unless the context otherwise requires, “parent” in relation to a child or young person includes any person who is not a parent but who has parental responsibility, or who has care. See also Parental Responsibility in section 2 and Appendix 3. Serving a Notice: (Under the Education Act 1996, Section 437) The Local Authority should serve a notice on a parent if they believe a child may not be receiving a suitable education. The parent then is required to satisfy the Local Authority that the child is receiving a suitable education. School Attendance Order: (Under the Education Act 1996, Section 437) If a parent fails to comply with the above notice in a satisfactory manner, the Local Authority can serve a School Attendance Order on a parent to require the parent to register the child at a named school. Penalty Notices: (Section 23 of the Anti-Social Behaviour Act 2003 amends the Education Act 1996, Section 444) If a parent does not ensure that their child attends school regularly they could be found guilty of committing an offence under the above legislation. As an alternative to criminal prosecution, a Penalty Notice may be served upon them by the Local Authority, which if paid, discharges potential liability for conviction for that offence. Appendix 4 sets out the Bracknell Forest Protocol for the use of Penalty Notices. Prosecution: Prosecution under section 444 if convicted may result in the parents being issued with a fine or other disposal at the discretion of the court. Prosecution under section 444(1) for an aggravated offence could also lead to a custodial sentence. If a Penalty Notice has been served and is not paid and discharged, it may then be subject to prosecution and conviction. Fast Track Prosecution: Fast Track to prosecution for school non-attendance is a government initiative. It began as a Pathfinder in 9 local education authorities in January 2003. The Fast Track to prosecution framework is a time-focused model of best practice 6 School Attendance Matters that concentrates on early intervention in cases of persistent non-attendance and aims to ensure a faster more effective approach to the implementation of strategies to tackle this behaviour and the underlying causes. Where the parents/carers fail to bring about the necessary improvement legal proceeding is initiated. Appendix 5 sets out the Bracknell Forest procedures for managing the Fast Track Prosecution process. Education Supervision Orders: (Under the Children Act 1989, Section 36). An ESO makes the Local Authority responsible for advising, supporting and giving directions to the supervised child and his/her parents in such a way as to ensure that the child is properly educated. Parenting Contracts: A Parenting Contract is a formal written agreement between a parent and the Local Authority of a school and should contain: a statement by the parent that they agree to comply for a specified period with whatever requirements is specified in the contract a statement by the Local Authority or governing body (school) agreeing to provide support for complying with the contract Parenting Order: (Anti-social Behaviour Act 2003). A Parenting Order is a court order that compels a parent to attend parenting classes and to fulfil other requirements as determined necessary by the court for improving their child’s behaviour e.g. ensuring regular attendance or punctuality. 7 School Attendance Matters 8 School Attendance Matters SECTION 2 PARENTS AND CARERS AND ATTENDANCE MATTERS Introduction The law and school attendance Parental Responsibility Why is regular attendance important? What can Parents/Carers do to help? Contact with school Good Practice for Supporting Your Child at School Authorised and Unauthorised Absence The Role of the Local Authority Legal action Transfer Between Schools Summary 1 School Attendance Matters 2 School Attendance Matters PARENTS AND CARERS AND ATTENDANCE MATTERS Introduction The law states that children of compulsory school age must be educated. Where a parent/carer chooses for that education to be carried out in a school, then attendance at that school is a statutory requirement. Prolonged and irregular absence can disadvantage pupils. Parents and carers, the school, the Local Authority and the pupil all need to work together to maximise attendance and punctuality. Children should be at school, on time, fully equipped and prepared for learning every day the school is open unless the reason for absence is unavoidable. In allowing absence from school without a good reason the parent/carer commits an offence and legal action may follow. Many children are occasionally reluctant to attend school. Any problems with regular attendance are best sorted out between the school, parent/carer and the child/young person (hereafter referred to as child) as soon as there are concerns. If a child is reluctant to attend, a parent/carer should not give in to pressure to excuse the child from attending or cover up the absence. This gives the impression that attendance does not matter and may make things worse. The law and school attendance The Education Act 1996 states that a child reaches compulsory school–age on the first prescribed day after their fifth birthday and must attend school from the start of the next school term. The prescribed days are 31 August, 31 December and 31 March. This means that there may be a period after the child’s fifth birthday when they are not of compulsory school age. In practice, children usually start to attend school before they are of statutory age. Children can leave education on the last Friday in June in the school year that they reach the age of 16. The school year runs from 1 September to 31 August in the following year. The Act requires parents to ensure that their children of compulsory school age are educated. The majority of parents do this by registering their child at school. However, if they wish, parents/carers can opt to educate their child other than at school, for example, at home. This is known as Elective Home Education. Education received outside of school is still monitored by the Local Authority. Where a child is registered at a school the parents/carers must ensure that the child attends regularly. If parents/carers fail to meet their responsibilities they may be prosecuted for the offence of failing to secure regular attendance at school of a registered pupil under Section 444 of the Education Act 1996. Alternatively, they may be issued with a penalty notice under the terms of the Local Authority code of conduct governing the use of penalty notices. 3 School Attendance Matters Parental Responsibility Government guidance issued to schools states that everyone who is a parent has a right to participate in decisions about their child's education, including being treated equally in terms of having access to information. The exception to this is where there is a court order limiting a person's rights in this respect. See Appendix 3 for the guidance which defines ‘parent’ and ‘parental responsibility’. Since the guidance was issued the implementation of Section 4 (1)(b) Children Act 1989, means an unmarried father whose name is registered on the child’s birth certificate after 1 December 2003 has parental responsibility. Why is regular attendance important? Failing to attend school regularly can have a major impact on a child’s education, their future and their life chances. There is strong evidence to show that absence has a serious impact on a child’s performance in tests and examinations and means that they will fail to meet their full potential. Other reasons are also important: relationships with other pupils are built and sustained; children who are away from school may be at risk of becoming victims of crime or abuse; children may be drawn into anti-social or criminal behaviour; and a good record of attendance at school is attractive to employers. What can parents/carers do to help? The most important thing that a parent/carer can do is to make sure that their child goes to school regularly, arrives on time and keeps to the school rules of attending all lessons. Starting these habits at an early age while the child is in primary school, and better still before this, will make life much easier later on. Giving children positive messages about school attendance during their formative years is good parenting, and it contributes to better management of the adolescent years. Contact with school Parents/carers have the primary responsibility for pupils to attend school and, therefore, should inform the school at the beginning of the school day if the child is suddenly unable to attend. This makes it clear to the child that parents/carers and school are working together and that an absence is taken seriously. It also establishes early two-way communication in the event of the child being sent to school and not arriving. Good practice for supporting your child at school If your child starts missing school, help the school put things right. Seek support from the school, the school’s Family Support Adviser or the Education Welfare Service at an early stage. Make sure your child understands that the parent/carer does not approve of him/her missing school. 4 School Attendance Matters If your child is genuinely ill, contact the school on the first day of the child’s absence. Staff will be concerned if they do not hear anything and may contact home to find out why the child is missing from school. If your child is absent from school, the school must be told why. This should be done by following the arrangements made by the school, e.g. a letter from the parent/carer on the child’s return to school. Take an interest in your child’s schoolwork and let him or her know that it is important. Support the school in its efforts to deal with unacceptable behaviour. Authorised and Unauthorised absence The power to authorise absence rests entirely with the Headteacher of the school. Parents/carers cannot authorise absence. There are a limited number of circumstances in which is is acceptable for a child to miss school. These include when your child is too unwell to attend school (in which case you should follow the school’s procedures for notifying illness) and when the absence has been authorised by the school in advance. Authorisation for absence should be requested as far in advance as possible. Children and young people may need to attend medical or dental appointments during school time, however, you should try to make routine appointments such as dental check-ups during the school holidays or after school hours. Reasons such as a close family bereavement or religious observance would be acceptable for short periods of time. Unacceptable absences include shopping trips and birthdays. The school and the Local Authority will take action to minimise unauthorised absence using the legal powers that are available to them. Family holidays during term time Parents/carers should not expect a school to agree to a family holiday during term time. Parents/carers do not have a legal right to take children out of school on holiday at times when they should be attending school. Schools will normally refuse to authorise holidays during term time and the Local Authority will support them in doing so. The law states that schools have the discretion to grant up to ten days authorised absence in a school year. Each application will be considered individually, taking into account a range of factors including the pupil’s previous attendance record and the reason for the request. Parents should discuss the request with the school as soon as possible; never ask for absence during examination or test periods; and should not book travel until the school’s permission has been sought. Remember that the school will usually refuse authorisation. 5 School Attendance Matters The role of the Local Authority The Local Authority has a statutory duty to ensure that parents fulfil their legal obligations as far as their children’s education is concerned. The Local Authority discharges its legal responsibility by employing Education Welfare Officers (EWOs) in the Children, Young People and Learning Department to monitor school attendance and to help parents to meet their responsibilities. If a parent chooses Elective Home Education, the Local Authority has a responsibility to ensure that these children and young people receive an appropriate education in line with Section 7 of the Education Act 1996. EWOs work closely with schools, and if a child is not attending regularly the school will refer the child to the Education Welfare Service (EWS). This may result in the EWO making contact with the parent/carer and visiting their home. It is important for the parent/carer to co-operate with the EWO to ensure that any problems are addressed and the child attends school. Where parents need support to prevent their child from truanting, schools and the Local Authority may offer to enter into a parenting contract. This is a voluntary agreement between the parents and the school or Local Authority in which the parents agree to comply with certain requirements and the school or Local Authority agrees to provide the parents or the child with the support they need. If the parent/carer does not co-operate with the EWO and the school, the Local Authority may consider applying to the court for an education supervision order in respect of the child. The Local Authority can also prosecute the parents/carers in the magistrates’ court. This could result in parents being fined up to a maximum of £2,500 each, plus costs, and/or a custodial sentence of up to three months for each child for whom they have been prosecuted. Legal action Parents/carers are committing an offence if they fail to ensure their child’s regular attendance at school, even if the parents/carers are not aware that the child is not attending school. The Local Authority will take action in cases where parents are not meeting their legal obligations. Prosecution for non-attendance could result in a fine of up to £2,500, a custodial sentence of up to three months or a community sentence. Alternatively, the Local Authority has the authority to issue Penalty Notices to parents of between £50 and £100. Failure to pay a Penalty Notice may result in prosecution as set out above. Transfer between schools From time to time parents/carers consider a move for their child from one school to another, either at the request of the child or because of an issue in the current school. Such a move should not be made lightly as it could have serious consequences for the child, e.g. loss of school friends, discontinuity in learning, change of environment etc. 6 School Attendance Matters Attempts should, therefore, be made to resolve the issue. The matter should first be discussed with the class teacher/ tutor or head of year/house. If the issue/concern is still not resolved the parents/carers should arrange to meet the Headteacher to discuss the matter. If the parents/carers remain dissatisfied then the help of the Education Welfare Officer should be sought. Contact can be made on 01344 464720 or email education.welfare@bracknell-forest.gov.uk Summary Parents/carers whose children are registered at school should: ensure that the child attends regularly, punctually and remains through the school day, recognising the value of setting good habits early provide the school with up to date information about points of contact and of those with ‘parental responsibility’ support the school’s policy on attendance inform the school of the child’s absence on the first day of absence; ensure that an absence note is sent to school on the child’s return inform the school of any relevant factors (e.g. parental separation, bereavement, changes in circumstance) which could affect the child’s behaviour and/or attendance recognise the positive link between regular attendance and achievement not expect family holidays during term time to be authorised Authorised absences are mornings or afternoons away from school for a reason that is accepted by the school e.g. illness or other unavoidable cause. Unauthorised absences are those that the school does not consider reasonable and for which no ‘leave’ has been given. These include: parents keeping children off school unnecessarily, e.g. to let in a tradesperson or to look after a sibling parental condoned absences truancy before or during the school day absences which have not been properly explained children who arrive at school after registration is closed without an acceptable reason Parents are expected to contact school at an early stage and to work with the staff in resolving any problems together. This is nearly always successful. If difficulties cannot be sorted out in this way, the school may refer the child to the EWS. The EWO will try to resolve the situation by agreement but if other ways of trying to improve the child’s attendance have failed, the Local Authority can use court proceedings to prosecute the parents or seek an Education Supervision Order. Legal action is one of the tools for addressing poor attendance and should not be viewed as just a punitive action. Alternatively, parents/carers or children may wish to contact the EWO themselves to ask for help or information. They are independent of the school and will give impartial advice. The EWO can be contacted through the school office or by contacting the EWS on 01344 464720. 7 School Attendance Matters 8 School Attendance Matters SECTION 3 THE SCHOOL AND ATTENDANCE MATTERS Introduction School Attendance Policy Admission Register Awareness of Parental Responsibility Attendance Registers Electronic Registration Absence and Attendance Codes Authorised Absence Unauthorised Absence Family Holiday in Term Time Persistent Absence Punctuality Reporting Absence First Day Response Reintegration of Pupils Post Registration Truancy Study Leave Transition points Vulnerable Pupils Improving School Attendance The Education Welfare Service Removal of a Pupil’s Name from the Register Attendance of Pupils of Non-Statutory School Age Changing a Pupil’s name on the School Records Additional Strategies 1 School Attendance Matters 2 School Attendance Matters THE SCHOOL AND ATTENDANCE MATTERS Introduction Schools are required to be open for pupils for 190 days in an academic year or 380 sessions. Raising and maintaining the profile of attendance is an important feature and is a crucial part of achieving excellent attendance. “Some of the most important factors behind truancy lie outside school: above all in family relationships and peer pressures. But how schools operate can make a great difference in shaping whether children do in fact truant.” (Audit Commission) All schools need to be aware of establishing patterns of regular attendance. In particular, primary schools should recognise the importance of setting good habits early. They need to help pupils establish regular punctual attendance and good behaviour from the start, involving parents in the process. This is also of particular importance in Year 7 when pupils transfer to secondary school. Teachers must be prepared to challenge absence for unacceptable reasons. When necessary referrals should be made to the education welfare service (EWS) in cases where the school’s intervention has not brought about the required improvement. School Attendance Policy As a matter of good practice, all schools should have in place their own attendance policy that should be shared with all parents/carers at the time of admission to the school and regularly drawn to their attention. See Appendix 6 for a Model Attendance Policy that can be adopted to suit the particular circumstances of your school. All staff of a school should be fully aware of the policy, its contents and its ethos. They should apply it fairly and consistently to all pupils. Attendance and behaviour problems may be individually or family based, or may be the result of school policy and management. Schools therefore need to ensure that their policy and management does not inadvertently contribute to pupil absence from school. Admission Register The admission register is a legal document and should contain all the personal data about the pupil, see Appendix 1. It is important to have in place a mechanism for asking the right questions and obtaining information about the child’s or young person’s parents; those with parental responsibility and any person who has care of the pupil, see Appendix 3. In this way ‘looked after children’, private fostering arrangements, pupils with child protection issues and other vulnerable groups will automatically be identified. All persons with parental responsibility can then be kept informed about the pupil’s attendance and progress. 3 School Attendance Matters Awareness of parental responsibility All relevant staff within the school should be aware of the requirements with regard to keeping all those with parental responsibility informed of matters that affect the pupil. (See Appendix 3 for details of the requirements) Changing a Pupil’s Name on the School Records Schools are often asked by a parent to change a child’s name on the school records. These requests will often appear to be well thought through, with stories that sound plausible. Changing a child’s name however, should not be done lightly. The name is an important determiner of identity and the best, long term, interests of the child should not be overlooked. Procedures are therefore in place for appropriate changes to be made by designated officers in CYPL Department and not by the school. See Appendix 7. Attendance Registers Attendance registers are legal documents and are an important tool in the process of monitoring attendance. They must be kept in line with the Department for Education (DfE) instructions as shown in the New Attendance Codes, see Appendix 2. Registers must be marked accurately at the beginning of each morning session and once during the afternoon session. Each pupil should be marked present or absent – never leave a blank space. Schools should have a policy on how long registers are kept open at the start of the school day and note this in their attendance policy. It is up to individual schools to fix their own closure time, but for that to be longer than 30 minutes seems to be out of line with the spirit of the Regulations in Appendix 1. The Local Authority recommendation therefore is that 30 minutes is the maximum amount of time that registers should be kept open at the beginning of the school day. In certain circumstances such as bad weather, a school may keep the registers open for a longer period but this should be the exception rather than the rule. Electronic Registration The Education (Pupil Registration) (England) Regulations 2006 (regulation15) permit schools to use electronic registers. The Local Authority promotes and supports the use of SIMS electronic registration in schools as an effective tool for monitoring attendance as well as collecting, storing and analysing registration information. All schools in the Borough are now using the SIMS module and are supported by the department’s ICT team. Absence and Attendance Codes The DfE has issued attendance codes for use in pupil attendance registration (see Appendix 2). These codes are mandatory and will assist the schools, the Local Authority and the DfE in monitoring not only the absence of pupils but also why pupils are absent from school. As well as the codes the document offers guidance for schools and local authorities. When using these codes also The Education (Pupil 4 School Attendance Matters Registration) (England) Regulations 2006 which also have a bearing on recording attendance and absence. Class teachers and form tutors should be familiar with the coding system that should be used to note absence and the reasons for it. Authorised Absence It is the school which authorises an absence and that a note containing an unacceptable explanation for an absence does not allow it to be treated as authorised. This should be made clear in the school’s attendance policy. It is essential that there is consistency of authorisation of absences throughout the school. Parents and children should not be faced with differing explanations according to who is marking the register. Absence should be authorised if: the pupil is absent with leave (defined as ‘leave granted by any person authorised to do so by the governing body or proprietor of the school’) the pupil is ill or prevented from attending by an unavoidable cause the absence occurs on a day exclusively set aside for religious observance by the religious body to which the pupil’s parents belong the school at which the pupil is registered is not within walking distance of their home and no suitable arrangements have been made by the Local Authority the pupil is the child of Traveller parents who temporarily leave the area giving reasonable indication of their intention to return there is a close family bereavement the pupil has a local authority licence to take part in a public performance the pupil is attending an interview with either a prospective employer or in connection with an application for a place at an institute of further or higher education or for a place at another school the pupil is involved in an exceptional special occasion e.g. a family wedding. In authorising such absences the individual circumstances of the particular case and the pupil’s overall pattern of attendance should be considered Exceptionally, the school may grant leave of absence for a family holiday for no more than 10 school days (see below). Parents are not entitled to expect that the school will grant such absence and the Local Authority will support any school that makes a decision not to authorise absence for this purpose. Absences taken without leave being granted will be treated as unauthorised and the Local Authority reserves the right to take legal action against the parents in such circumstances. This is likely to be through the issuing of Penalty Notice. Authorising absence means that the school has either given approval in advance for the pupil to be away or that the explanation offered afterwards has been accepted as satisfactory justification. It is recognised that schools face difficult decisions when investigating individual absences and in exercising reasonable discretion but if absences are authorised by the school they cannot be included in any legal action in respect of absences. 5 School Attendance Matters Unauthorised Absence Unauthorised Absence is described as absence from school for any period because of a premeditated or spontaneous act by the pupil or parent or both. This includes parentally condoned absence. Where the reasons for a pupil’s absence cannot be established at the time when the register is taken, that absence shall be recorded as unauthorised (see Appendix 1). The absence remains unauthorised if: no explanation is forthcoming from the parent the school is dissatisfied with the explanation Unacceptable reasons would include: the pupil staying at home to mind the house or look after siblings the pupil being absent for unexceptional special occasions e.g. the pupil’s birthday the pupil away from school on a family holiday for a period of time longer than that sanctioned by the school the pupil is on a family holiday without permission or if the parents have failed to apply for permission in advance of the holiday and instead seek retrospective approval on their return Family Holiday in Term Time Schools have discretionary power to grant leave for the purpose of an annual family holiday in term time, see Appendix 1. Parents are not entitled to expect that the school will grant such absence and the Local Authority will support any school that makes a decision not to authorise absence for this purpose. Every lesson matters; every session counts and so taking children out of school during term time should be discouraged in that it is damaging to the pupil’s continuity of learning. Absences taken without leave being granted will be treated as unauthorised and the Local Authority reserves the right to take legal action against the parents in such circumstances. This is likely to be through the issuing of a Penalty Notice. Nevertheless, in exceptional circumstances the school should carefully consider a holiday request, in a meeting between the Headteacher and the parents/carers, and should take the child’s attendance record into account. See Appendix 8 for sample holiday in term time request form. Some factors to consider when assessing requests are the: time of year proposed for the holiday motive and purpose for the holiday duration of the holiday and its impact on learning circumstances of the family request rarity of this event during the child’s school career 6 School Attendance Matters attendance pattern of this child Persistent Absence All schools have targeted those pupils who have high levels of persistent absence. In past years, the focus has been on those pupils who are absent for more than 20% of school sessions i.e. 32 days. A small number of persistently absent pupils can distort the performance of the school overall. There has been good progress, particularly in secondary schools across the country to reduce the level of PA. The threshold has now been reduced to 15% of school sessions, i.e. 23 days (46 sessions). Data on PA will be published twice per year. DfE states that lowering the threshold will encourage schools to take action earlier and be alert to emerging issues. In addition to those pupils with whom action needs to be taken, there will be some pupils who are off school for long periods for medical reasons. Schools should be sensitive to the needs of these families. Ofsted allows flexibility around the inspection of attendance and takes into account the individual circumstances of pupils with medical conditions. Punctuality Lateness on the part of pupils can lead to indiscipline and truancy. Teachers should be aware of the message that their lateness to class gives. Schools should actively discourage late arrival as this seriously disrupts learning. Schools need to take active steps to ensure the punctuality of pupils. Lateness should be monitored and followed up swiftly. However, in recognition of unavoidable circumstances that may result in a pupil being late the Local Authority’s advice for medical appointments resulting in a late arrival is that pupils arriving before registration closes should be marked L (counted as present). There is no option but to mark those arriving after the register has closed as M, authorised absent. Schools should keep a note of ‘medical Ls’, particularly in circumstances where pupils have a problem with punctuality generally. In addition, where pupils arrive: late and the register is still open, they should be marked as late, but counted as present for that session after the register is closed but provide adequate explanation, they should be marked as absent but counted as ‘authorised’ absence, see Appendix 2 late and have missed registration as above, their presence on site will need to be noted, separately from the registers where they are marked absent, for purposes of emergency evacuation after the register is closed and fail to provide an acceptable explanation, they should be marked as U and counted as ‘unauthorised’ absence for that session. To enable this to happen school policies and brochures/prospectuses should state clearly the time at which each school session begins and finishes, including the time at which registers open and close. Registers are kept open for a maximum of 30 minutes after the end of the registration period (see above on attendance registers). 7 School Attendance Matters If a pupil arrives late for school on a regular basis and is marked absent and does not respond to the school’s intervention, then this may present grounds for legal action. Such circumstances should be referred to the EWS. Reporting Absence Schools are bound by a statutory requirement, under Section 538 of the Education Act 2006 to supply information about attendance to Secretary of State. This is done on a termly basis through the School Census. Similar information should be supplied to the Local Authority at the end of each term to enable it to fulfil its statutory functions with regard to attendance. First Day Response Although parents/carers have the primary responsibility to ensure that pupils attend school, schools should have a ‘first day response’ system in place to contact parents/carers on any day a pupil is absent without explanation. This should include cases where the pupils skip lessons after registration. This makes clear to pupils and parents/carers that unauthorised absence is taken seriously. Research evidence shows that first day response has been found to be the single most effective strategy for addressing any absence problems early and has improved attendance in some schools by up to 10%. It is then vital that any unauthorised absence is followed up early through discussion between the pupil and registration class teacher. Many schools have found that the Family Support Adviser can provide useful input into this process. First day response is also a safeguarding strategy in the event of a child being sent to school but not arriving because of an incident on the way to school. This strategy could form part of the home/school agreement. Reintegration of pupils Pupils, who have been absent from school, especially for a long period and particularly for reasons of truancy or condoned absence, may find it difficult to return because of fear of being singled out. Some pupils who would like to return (some children genuinely want to return to school) find that teachers unwittingly reinforce the absence by making inappropriate remarks e.g. “So you have decided to join us today; nice of you to turn up”, or ill-judged comments of special attention. Making pupils who are already embarrassed a centre of attention is not helpful. Schools, therefore, need to formulate ‘reintegration procedures’. In the case of absences for a long period, for whatever reason, it is important for the school to: maintain links with the pupil/home so that the child/parents still feel part of the school community plan for the pupil’s return to school ensuring that all staff are aware of the plans (as appropriate) prepare the peer group for that pupil’s return make the pupil feel welcomed back 8 School Attendance Matters advise against inappropriate comments from staff/pupils (such comments can destroy or jeopardise hours of careful cajoling and planning) ensure that the pupil has someone/somewhere to go to if the situation becomes difficult have a process to enable the pupil to catch up on missed work and learning Post Registration Truancy Post registration truancy (whether the pupil goes off the school site or hides on site) probably accounts for most of the truancy that actually takes place in schools. It is not reflected in unauthorised absence figures; its true extent may be underestimated in many schools. Some teachers may ignore post-registration truancy, particularly if the truant is a pupil who would otherwise disrupt the lesson. Whilst this may be understandable, truancy of any kind should not be ignored. The school’s policy on attendance should include reference to post-registration truancy and should note that strategies are in place to combat it. Strategies may include: registration in every lesson follow up action for those caught truanting teachers patrolling the school during lessons post-registration truancy spot-checks all pupils genuinely out of lessons to carry an ‘out of lesson’ note checks to ensure an interesting, relevant, accessible and well taught curriculum support for pupils who find certain lessons difficult Study Leave Study leave is an absence authorised by the school and will have a negative impact on the schools attendance performance. This is the result of a deliberate action by the DfE who have increasingly issued guidance to schools about alternative strategies that can be deployed in the period running up to external examinations. Schools should therefore give careful consideration before granting study leave to any pupil or group of pupils. Transition points Pupils are particularly vulnerable at the time of transition, particularly at the beginning of Year 7 (after primary school), Year 10 (after choosing GCSE options), and at the beginning of each academic year - new forms/tutors or major changes such as moving home or break up of their family. Children who have not previously had any attendance problems may start to truant or have absences supported by their parents. Such behaviour may also indicate deeper issues. Whilst any change of school can be potentially difficult, the transfer from primary to secondary can be a particularly stressful time for many pupils. It is important 9 School Attendance Matters therefore for primary and secondary schools to have links/liaison to facilitate effective transfer of pupils and to identify those likely to be ‘at risk’. Schools therefore need to be mindful of the enormous changes the pupils will experience and the degree of responsibility for themselves that they are suddenly required to take: A different physical environment Schools need to be aware that pupils (Year 7 in particular) may: • • • • not be used to moving around a large school for different lessons lack basic organisational skills have difficulty adjusting to a large impersonal dining room have difficulty adjusting to a large impersonal playground A different social environment Schools need to be aware that pupils (Year 7 in particular) may: • • • • not be used to relating to large numbers of adults and children have to make new friends miss the intimacy of primary school now find it difficult accepting the fact that they are at the bottom of the school’s structure (i.e. the ‘pecking order’) A different learning environment Schools need to be aware that pupils (Year 7 in particular) may: • • • • • • • • experience difficulty adjusting to a much more complex learning environment lack basic and social interpersonal skills have special educational needs which have not yet been clearly identified experience curriculum discontinuity experience difficulty relating to a several new teachers experience difficulty working in a number of different classrooms have a problem with a more structured timetable find it difficult coping with the demands of homework From time to time parents/carers may consider a move for their child from one school to another, either at the request of the child or because of an issue in the current school. Such a move should not be made lightly as it could have serious consequences for the child, e.g. loss of school friends, discontinuity in learning, change of environment etc. In trying to resolve the matter the school may wish to involve the education welfare officer (EWO) or his/her team leader or the educational psychologist. If the matter cannot be resolved then the ‘transfer during school’ process established by the School Admissions team should be followed. 10 School Attendance Matters Vulnerable Pupils In addition, at the same time of experiencing the above changes, some children may also have to cope with significant factors that affect their emotional health and wellbeing with consequent impact on their ability to sustain good attendance at school. Although the numbers of these children are small, procedures must be in place to support them. Bullying is one of the major reasons given by children and young people for absence from school other than illness. In addition, children may pretend to be ill or actually experience physical symptoms of anxiety if they are frightened of bullying that is happening in school or whilst travelling to and from school. Looked After children are an exceptionally vulnerable group and frequently have difficulty in sustaining good attendance. The Designated Teacher for LAC will manage these issues in partnership with the Education Coordinator for LAC in the Children, Young People and Learning Department. The links with the schools strategies to protect children from harm are clear. Physical and emotional abuse will have a negative impact on a pupil’s mental health and wellbeing and consequently their attendance at school may suffer. Particular attention should be paid to the attendance of children who have a child protection plan. Eviction from home can have a traumatic impact on children and their families. Inevitably the disruption caused will impact negatively on school attendance as families are placed in temporary accommodation outside Bracknell Forest or otherwise relocate. Arrangements are in place to support children in these circumstances and protocols are in place to ensure early notification to the EWS who will investigate the arrangements that can be made to enable continuity of education. Improving School Attendance Regular attendance at school should be seen as a prerequisite for a pupil’s attainment and achievement. The importance of forming good habits early cannot be over emphasised. Intermittent absences lead to gaps in education that may have a detrimental effect on pupils’ attainment. Odd days add up. A pupil who, on average, has a day’s absence each week will miss more than one year of primary education. Should such a pattern of absence continue into the secondary school, another year’s education will be lost. When concerns about attendance are initially identified, the school has a responsibility to resolve the issue, see flow chart in Appendix 9. This may be addressed initially by a telephone call to parents/carers then by sending a letter, see Appendix 10, or holding a meeting in school, evidence of which should be retained by the school. Any contact with the family should be recorded; the record should contain basic details such as the date, the name of the person contacted and the actions agreed or outcomes. These records should then be copied if the decision is made to refer on to the EWS. It is recommended that schools develop a clear procedure for managing this prereferral work making good use of the Family Support Adviser. The procedure should identify who will be responsible and what steps should be taken. It is best practice to develop standard letters and recording formats with agreed trigger levels. 11 School Attendance Matters The Education Welfare Service For primary schools, the EWS responds to requests for support from the individual schools. In cases where there is a concern about attendance there will be a higher level of support and intervention. In secondary schools, the named EWO meets regularly with the appropriate members of senior/pastoral staff. These meetings will cover: developing good working practice for the school and the EWO an examination of school registers/print-out from electronic registers the identification of pupils who show patterns of irregular attendance an agreed plan of the action which will be taken by the school (pre-referral work) and/or the EWO, to be recorded on the monitoring forms the provision of advice and strategies for tackling non-attendance discussion of specific pupils who are ‘Looked After’ or subject to a Child Protection Plan decisions regarding formal referral to the EWO of pupils where previous input by the school has failed to bring about a change Schools can, therefore, make referrals to the EWS, see Appendix 11, but must include evidence of the pre-referral work undertaken by the school. Removal of a Pupil’s Name from the Register The EWO for the school will follow up all pupils who have been absent from school for more than 4 weeks and who the school believes may have left the area. Schools should complete the Missing Pupil Form (Appendix 12) and return it to the Education Welfare Service. Do not wait if you have any particular reason for concern but contact the service or the Children and Families Manager immediately. The Education (Pupil Registration) (England) Regulations 2006 allow for a pupil’s name to be removed from a school’s register in particular circumstances, after the Local Authority have made reasonable enquiry to ascertain the whereabouts of the pupil. See ‘Deletion from Attendance Register’ in the above regulations in Appendix 1. Attendance of Pupils of Non-Statutory School Age Early Years Education (before statutory school age) Good attendance in the pre-school period of education, i.e. the Foundation Stage, is vital for learning and sets the pattern for future attendance both for the child and the family. Although it is not the law that these children attend a setting it is still important that accurate attendance registers need to be kept, for monitoring and security reasons. Good practice is to treat these pupils in exactly the same way as pupils of compulsory school age. Children in nursery and pre-school settings can be taught the purpose and importance of register time. They will soon realise that it is a time to sit quietly and listen and respond appropriately. It can be used as a learning time with imagination 12 School Attendance Matters e.g. by introducing another language or singing and it is certainly excellent practice for speaking and listening for the least confident of children. Families who find it hard to get the children into nursery regularly and on time can use it as a practice time and be encouraged to understand how important attendance is to their child’s learning and also how important it is to be on time further up the school. Families can also learn at this time that taking holidays in term time is strongly discouraged at compulsory school age. Good habits start early and both children and their parents are keen to learn when a child first starts pre-school or a nursery class. A good relationship with staff and lots of encouragement and education of parents and carers in the early years can prevent attendance problems later on. Sixth Form studies and post sixteen training courses (after statutory school age) Levels of attendance have a major impact on standards achieved in a school and for young people electing to stay in education this is equally important. Registration practices may change and be different as young people begin to take more responsibility for themselves, but essentially the same high standards are required for success. Those who move on to higher education will be encouraged to establish a conscientious approach to attendance and punctuality in preparation for college or university where the responsibility will rest entirely on their own shoulders. Students on vocational courses are in preparation for the world of skilled work and need to use this time to acquire the self-discipline needed to be a reliable dependable employee who has good attendance and is always punctual. Good attendance habits reinforced at this stage will contribute to the young person’s ability to make a positive contribution and achieve economic wellbeing. Additional Strategies Promote the importance of good attendance to pupils and their parents/carers by: creating a culture and an awareness that ‘every child matters’ and ‘every lesson counts’ and developing an ethos which encourages success and achievement ongoing promotion of the importance and legal requirements of good attendance to pupils and their parents advice for staff on adopting a consistent approach in dealing with absence and lateness setting attendance challenges and using target setting as good practice using school promotional material, parents’ evenings, pupil review and home/school agreements to engage parents/carers communicating clearly with pupils and parents about the consequences of truancy and parentally condoned absence reminding parents of their responsibility for ensuring a child’s regular attendance, including punctual arrival at school explaining the link between poor attendance and reduced progress and attainment 13 School Attendance Matters providing information about the range of support services that parents can access using school assemblies and visual displays to encourage and reward pupils Make best use of additional support for pupils and parents with greatest need by having: a clear understanding of the roles and responsibilities of schools and other agencies/professionals in relation to the provision of support for pupils with attendance problems effective communication between home and school and early intervention with parents/carers a clear system for reporting concerns about non-attendance to the Local Authority work in partnership with the Local Authority to ensure appropriate use of legal interventions to reinforce parental responsibility contracts made internally in school with parents/carers, pupil and school in school multi-agency support meetings to agree action Use data and other information to improve school and pupil performance by: regularly collecting and analysing attendance data (e.g. weekly) to identify causes and patterns of absence monitoring publishing and displaying up-to-date data around the school (including in the classrooms and reception area and external areas where parents congregate in primary schools) benchmarking school absence against year groups or other schools in similar circumstances regularly monitoring progress towards internal attendance targets in school understanding and using data to devise an action plan and to evaluate the effectiveness of interventions considering the link between an individual’s attendance and their attainment using and sharing effective attendance management practices between schools monitoring post registration and internal truancy using Local Authority and Ofsted advice on attendance using the range of materials and expertise available on the DfE website Schools should consider some or all of the following practical strategies: create an atmosphere where children feel safe and valued within the school environment create an ethos in the school which encourages success and achievement, a good attendance record being part of this advice for staff on adopting a consistent approach in dealing with absence and lateness ensure all parents/carers and pupils have a school calendar involving pupils in developing strategies for improving attendance increasing the range of extra curricular activities for pupils clear advice to parents and staff that it is the school, and not parents, who may authorise absence involving parents positively in the feedback to pupils 14 School Attendance Matters having an effective induction programme on entry into the school encouragement to staff – including ancillary and administrative staff – to see attendance as a part of their responsibilities have a key, named senior member of staff with overall responsibility clear guidance to staff to discourage parents/carers from taking holiday in term time; such absence will not be authorised unless it is exceptional circumstances agreed by the Headteacher consistent methods of addressing all issues, such as bullying, which in turn may lead to non-attendance developing clear lines of communication with other agencies e.g. health, social care, police appropriate preparation for effective primary-secondary transfer information to the governing body’s annual report relating to levels of absence, both authorised and unauthorised, with reasons named governor responsible for identifying attendance matters school brochure/prospectus which outlines specific expectations of attendance appropriate use of the home/school agreement a reward system for good attendance: o verbal praise (private and public) o written praise (letters of commendation) o Headteacher/governors’ award for outstanding and sustained improvement o awarding of certificates - the Children and Families Manager provides certificates, signed by the Director, for punctuality, improved and 100% attendance both in one year and over several years o trips/activities for whole class achievement/improvement o presentation of cup/shield for individual and/or class o governors meeting with pupils, particularly when targets have been met o end of term/year rewards 15 School Attendance Matters 16 School Attendance Matters SECTION 4 GOVERNORS AND ATTENDANCE MATTERS Responsibilities of Governors Governors support for good school attendance 1 School Attendance Matters 2 School Attendance Matters GOVERNORS AND ATTENDANCE MATTERS Positive behaviour and good attendance are central to raising standards and pupil attainment and as such are an area of concern for the governing body. Achieving good levels of attendance is an essential aspect of good school management. Governors therefore have their own responsibilities with regard to attendance. Responsibilities of Governors It is a legal responsibility of the governing body of all schools to ensure that the school keeps two registers for all children of compulsory school age . The Admissions Register must give accurate and up to date details of every pupil currently on roll at the school; The Attendance Register must be taken at the start of each morning session and again in the afternoon. An Admissions register must contain an index in alphabetical order of all the pupils that attend the school and, in relation to each pupil the following information: full name sex name and address of each parent and the parent or guardian with whom the child resides, and a telephone number of a parent in case of emergency date of birth date of admission or re-admission name and address of last school attended, if any. Precise rules concerning the deletion of pupils fro the admissions register set out in the Education (pupil Registration) (England) Regulations 2006. Pupils must not, in any circumstances be deleted except in accordance with these regulations. The Attendance Register must show whether each pupil registered at the school is present or absent and whether any absence is authorised. The governing body is responsible for making sure this is carried out systematically. Attendance, or absence, is marked using a set of clearly defined codes. Registers are important documents and must be kept safe, as they may be called in evidence in legal cases. Electronic registers are acceptable but they must be secured and backed-up appropriately. School governing bodies are bound by a statutory requirement, under Section 538 of the Education Act 2006 to supply information about attendance to Secretary of State. This is done on a termly basis through the School Census. Similar information should be supplied to the Local Authority to enable it to fulfil its statutory functions with regard to attendance. A key focus for monitoring will be the number of children who are classified as persistent absentees (PA) and the strategies that are adopted for dealing with them. A pupil is described as a persistent absentee if his or her level of absence is 15% or more. This means that the pupil misses 23 days or 46 sessions in a school year. Early intervention strategies should be in place to address the issues that are likely to 3 School Attendance Matters lead to a pupil falling into this category. Inevitably, some pupils will be suffering from long-term medical conditions and schools will be alert to the support that a family needs in these circumstances. Ofsted will be flexible around the inspection of attendance and will take into account the individual circumstances of pupils in these instances. The governing body also has responsibility for child protection and safeguarding of pupils. These matters often affect pupils’ attendance in school. Governors’ support for good school attendance The governing body can play a valuable role in promoting and monitoring good attendance at the school in many ways. It may be helpful for the governing body to appoint a named governor or governors to take an active role and lead on attendance issues, liaising with senior managers and other staff involved. Some schools find it helpful to have an attendance panel to deal with these issues. The governing body should ensure that the school has an attendance policy (Appendix 7 for Model Policy) that is easily understood by all, reviewed regularly, consulted on regularly and widely disseminated. It may form part of the home school agreement and be publicised in the school prospectus. The attendance policy should include clear procedures on absence. It should give details of the actions to be taken by the school to ensure children are safe if they are absent without a parent informing the school. The Governing Body should ensure that the attendance policy sets out staff roles and responsibilities for dealing with attendance, and should link the schools behaviour and bullying policies to it. The Headteacher has a responsibility to report to the governors annually on attendance matters. The governors can request termly reporting of attendance data and discussion of issues arising. The governing body can request specific information on the progress of children or groups of children with poor attendance. Analysis of attendance data to identify causes and patterns of absences can be carried out and used to devise solutions and to evaluate the effectiveness of interventions. Whilst schools are no longer required to set attendance targets, performance data is collected by the DfE on a termly basis. Setting internal targets may be a useful strategy for delivering improvement. The governing body should make sure that the importance of regular school attendance is highlighted in publications and other communication with parents, keeping the issue high profile and stressing its importance for the individual pupil’s own learning and for the school ethos. The Governors Discipline Committee (GDC) should have regard to attendance information as well as behavioural and exclusion matters when supporting the enforcement of discipline in the school. 4 School Attendance Matters Governors may actively promote and reward good attendance by awarding attendance certificates, prizes or trophies in assemblies or award ceremonies. 5 School Attendance Matters SECTION 5 THE LOCAL AUTHORITY AND ATTENDANCE MATTERS Responsibility Education Welfare Service Service Agreement Referral to the Education Welfare Service Response to Referral Legal Proceedings Fast Track to Prosecution Other strategies that the Local Authority can use Removal of child from school by parent/carer Attendance Data Child Protection and safeguarding Issues of Bullying Child Employment Child Performance Pupils Who Cannot be Traced School Inspection Awards 1 School Attendance Matters 2 THE LOCAL AUTHORITY AND ATTENDANCE MATTERS Responsibility The Local Authority has a legal responsibility for ensuring that the parents/carers of all children within its area meet their obligations with regard to education. Parents/carers have a responsibility for ensuring that their child of compulsory school age receives an education either by regular attendance at school or otherwise. The Local Authority will therefore support schools, parents/ carers and pupils to maintain good attendance and will take action in cases where there is a cause for concern. This action may include using the range of legal sanctions available to it. In Bracknell Forest, the Local Authority fulfils this requirement through the Education Welfare Service (EWS) in the Children, Young People and Learning Department. Education Welfare Service The EWS is often the first point of contact for a family in crisis. The Education Welfare Officers are able to support the child and the family by facilitating continued attendance or return to school, or to undertake an assessment of the wider needs of the family and to act as a channel for referrals to other specialist services or agencies. Each school has a named Education Welfare Officer. The level of contact between schools and the service is varied according to need and is set out in a Service Agreement between the individual school and the service. In secondary schools, the EWO checks the attendance and punctuality of pupils in line with the Service Agreement. The EWO liaises with pastoral staff to identify: frequent absence for medical reasons odd days of absence each week absence days which correspond with that of siblings or other pupils same day absences each week pupils taking “long weekends” – Fridays/Mondays holidays in term time regular lateness excessive authorised absences truancy during the school day For primary schools, the EWS responds to requests for support from the individual schools. In cases where there is a concern about attendance there will be a higher level of support and intervention. Service Agreement The EWS provides all schools with a Service Agreement at the start of the academic year. This agreement: outlines the level of service that the school can expect to receive from the allocated EWO SAM Appendix 1 3 identifies the responsibilities of the school and the EWS / EWO details the working arrangements between the EWS and the school offers guidance on the referral process is signed by both parties is reviewed annually Referral to the Education Welfare Service All schools can make referrals to the EWS, but must demonstrate evidence of the pre-referral work undertaken by the school, see Appendix 11. It may be that the completion of a Common Assessment Form (CAF) is appropriate during this period as part of the strategy for identifying the issues with the pupil. One of the outcomes might be a referral to the Education Welfare Service. If the CAF process is not used, the referral to the EWS must state why it has not been considered appropriate. Parents can also make direct contact with the service if they believe that they are in need of support. Response to Referral The EWO will usually work with the parents and their child whose absences have reached an unacceptable level and where the school strategies have failed to bring about an improved level of attendance. EWOs may also work with children who are experiencing difficulties at home or in school that may result in an escalation or development of non-attendance or exclusion from school. When a referral has been made by the school, and accepted as appropriate, the EWS Team Leader will draw up a Referral Action Plan for the EWO, which is copied to the referrer, The EWO will undertake the actions directed by the Team Leader as appropriate to the situation. Actions can include: appointment/home visit to assess the situation with the family preparation for the Fast Track process in anticipation of use arranging and facilitating meetings between parents, children and school staff providing individual support to pupils and parents either in school or elsewhere mobilising and enabling pupils and parents to access appropriate support from other agencies and services joint work with school staff group work with other colleagues commencing the “Fast Track” to prosecution process. All referrals from schools for attendance, which meet the criteria, will be put on the Fast Track process unless a valid reason can be shown for not doing so. Consideration may also be given to the issuing of a Penalty Notice if the absences are for unauthorised holiday in term time or for other parentally condoned absence (see Appendix 4). The school will receive a written response after the initial contact on a “Report to School” form. This will set out an action plan for addressing the attendance concerns. 4 Home visits will only be undertaken by an EWO if a referral has been made to the EWS. EWOs will see pupils on an individual basis in school if parental permission has been given and it is deemed appropriate to the ongoing casework. Such work with pupils prior to the EWOs contact with the family will only be undertaken if school has obtained permission from the parents. Legal Proceedings If parents fail to ensure the regular attendance of their child, the Local Authority has the power to institute legal action. The precise point at which that happens is a matter for judgement in the light of each particular case and the best approach to improving the child’s attendance. In some instances legal action will be as a last resort, in others it will be instigated much earlier as part of a planned programme of intervention, such as “Fast Track”. As a matter of course, EWOs will review every case with their Team Leader at the first available supervision meeting after receipt of a referral and regularly thereafter. They will, at each review, consider whether legal proceedings are appropriate. The discussion should take a holistic approach, considering all the family circumstances. The decision to institute proceedings rests with the Local Authority. When it is considered that such action is appropriate there may be consultation with the school and any other service known to be involved with the family. If it is considered inappropriate to take legal action the reasons for the decision will be recorded in the case file and the school informed. Fast Track to Prosecution The Fast Track to Prosecution Framework is a time-focused model of best practice that concentrates on early intervention in cases of persistent non-attendance and aims to ensure a faster more effective approach to the implementation of strategies to tackle this behaviour and the underlying causes. Where the parents/carers fail to bring about the necessary improvement legal proceedings are initiated. Appendix 5 sets out the Bracknell Forest procedures for managing the Fast Track Prosecution process. Other strategies that the Local Authority can use Serving a Notice: The Local Authority will serve a notice on a parent if they believe a child may not be receiving a suitable education. The parent then is required to satisfy the Local Authority that the child is receiving a suitable education. Serving a School Attendance Order: If a parent fails to comply with the above notice in a satisfactory manner, the Local Authority can serve a School Attendance Order on a parent to require the parent to register the child at a named school. Issuing a Penalty Notice: If a parent does not ensure that their child attends school regularly they are committing an offence under the above legislation. A Penalty Notice may be served upon them by the Local Authority, which if paid, discharges potential liability for conviction for that offence. The Local Authority will introduce this approach from November 2011. SAM Appendix 1 5 Seeking an Education Supervision Orders: An ESO makes the Local Authority responsible for advising, supporting and giving directions to the supervised child and his/her parents in such a way as to ensure that the child is properly educated. Establishing a Parenting Contract: A Parenting Contract is a formal written agreement between a parent and the Local Authority and a school and should contain: o o a statement by the parent that they agree to comply for a specified period with whatever requirements are specified in the contract. a statement by the Local Authority or governing body (school) agreeing to provide support for complying with the contract. Seeking a Parenting Order: This is a court order that compels a parent to attend parenting classes and to fulfil other requirements as determined necessary by the court for improving their child’s behaviour e.g. ensuring regular attendance or punctuality. Removal of child from school by parent/carer The threat of legal proceedings by the Local Authority, other action by the Education Welfare Service or a breakdown of relationship between parent and school can sometimes lead to the parent withdrawing the child from the school roll and determining to educate other than at school. Elective Home Education that arises from these circumstances rarely results in the child receiving a suitable education and the Local Authority will take appropriate steps to deal with such cases. Attendance Data Schools are required to provide a range of data relating to attendance to the Secretary of State as part of the termly School Census. It is helpful if schools can supply the same data to the Children & Families Manager (C&FM) at the end of each term in order that targeted support can be provided. Any concerns will be raised with individual schools. Child Protection and safeguarding Each school is required to have a designated member of staff who is trained appropriately to deal with child protection issues. The Berkshire Local Safeguarding Children Boards’ Child Protection Procedures must always be adhered to. EWOs are required to regularly monitor the attendance of school age children who are the subject of a child protection plan, liaise closely with the social care teams and submit reports for the conference process, they may also be a member of the core group working with the family. If a pupil subject to a Child Protection Plan is absent from school without contact from the parent/carer, on the first day the school is responsible for contacting the family. If it is not possible to make such contact and the absence continues then on the second day the school should notify the allocated social worker or in his/her absence the EWO, unless other arrangements have been made at the Core Group meeting. Further information on whole-school training or training for specific staff can be obtained from the Children and Families Manager in the CYPL Department. 6 Bullying issues All forms of bullying can have an adverse effect on pupils, which in turn can lead to attendance difficulties. All schools should have a clear policy on tackling bullying which is maintained and updated as necessary. Experience and research has shown that fear of bullying is a key reason why children fail to attend at school. Schools may therefore wish to involve their EWO with the target and/or perpetrator and their respective families. In addition schools may wish to involve other services to assist them to develop and implement anti-bullying policies, e.g. the behaviour support team or the anti-bullying co-ordinator. For more information see the National Anti-bullying Alliance website http:www.antibullyingalliance.org Child Employment The Local Authority has by-laws that regulate the employment of school-aged children. The EWS administers these by-laws that outline both the hours that children/young people may work and the type of work some children can do. In order for a child or young person of compulsory school age to work lawfully they must have a work permit. Further information is available at www.bracknell-forest.gov.uk/learneducational-welfare Child Performance Children/young people who wish to perform either in the theatre, on television, in films or who are involved in modelling or sporting activities may need a performance licence that is issued by their Local Authority. All children under statutory school age, even babies, will need a licence, although there are some exceptions. To clarify whether a child or young person will need a licence and to apply for licences the applicant will need to contact the EWS. Further information is available at www.bracknell-forest.gov.uk/learn-educational-welfare Pupils Who Cannot Be Traced The EWO for the school will follow up all pupils who have been absent from school for more than 4 weeks and who the school believes may have left the area. Schools will notify the EWS by using the Missing Pupil Form set out in Appendix 12. Earlier action will be taken if the school has particular concerns. The Education (Pupil Registration) (England) Regulations 2006 allow for a pupil’s name to be removed from a school’s register after 4 weeks’ continuous absence provided that the school and the Local Authority have made “reasonable enquiries” to locate the pupil, see section ‘Deletion from Admission Register’ in Appendix 1. Whilst those enquiries are being carried out the absence must be unauthorised and schools must not remove a pupil from their Admission Register until advised to do so by the EWO. Once such permission has been given, the child’s name may be removed with effect from the first Friday of the absence. This will mean that a school will not be “penalised” for carrying a large amount of unauthorised absence. SAM Appendix 1 7 School Inspection The EWO may be called upon to contribute to the school’s Ofsted inspection process in respect of attendance matters. Awards The Local Authority recommends and supports the use of certificates and awards for the recognition of good school attendance and punctuality. At the end of each school year the Director of Children, Young People and Learning will sign certificates for any pupil who has achieved 100% attendance for the whole school year or over a period of years. 8 SAM Appendix 1 9 The Education (Pupil Registration) (England) Regulations 2006 The regulations remain current, with an amendment – The Education (Pupil Registration) (England) (Amendment) 2011 – intended to capture circumstances where a local or national emergency has resulted in widespread disruption to travel that has prevented the pupil from attending school. This amendment came into force in September 2010. 10 SAM Appendix 1 11 STATUTORY INSTRUMENTS 2006 No. 1751 EDUCATION, ENGLAND The Education (Pupil Registration) (England) Regulations 2006 Made - - - - 1st July 2006 Laid before Parliament 11th July 2006 Coming into force - - 1st September 2006 In exercise of the powers conferred by sections 434(1), (3) and (4), 551(1) and 569 of the Education Act 1996(a), the Secretary of State for Education and Skills makes the following Regulations: Citation, commencement and application 1.—(1) These Regulations may be cited as the Education (Pupil Registration) (England) Regulations 2006 and come into force on 1st September 2006. (2) These Regulations apply only in relation to schools in England. Interpretation 2. In these Regulations — “the local education authority” means, in the case of a school maintained by a local education authority that local education authority, and in every other case the local education authority for the area in which the school is situated; “maintained school” means a school maintained by a local education authority; “relevant person” means — (a) in relation to a pupil under the age of 18, a parent of the pupil; (b) in relation to a pupil who has attained that age, the pupil. Revocation 3.—(1) The Education (Pupil Registration) Regulations 1995(b) and the Education (Pupil Registration) (Amendment) Regulations 1997(c) are revoked to the extent that they apply in relation to schools in England. (2) The Education (Pupil Registration) revoked. (Amendment) (England) Regulations 2001(d) are (a) 1996 c.56; by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), the powers conferred by these provisions are exercisable by the Secretary of State only in relation to England. For the definition of “prescribed” and “regulations” see section 579(1). (b) S.I. 1995/2089, amended by S.I. 1997/2624 and 2001/2802. (c) S.I. 1997/2624. (d) S.I. 2001/2802. SAM Appendix 1 13 Registers to be kept 4. The proprietor of every school shall cause to be kept— (a) an admission register; and (b) except in the case of a school of which all the pupils are boarders, an attendance register. Contents of Admission Register 5.—(1) The admission register for every school shall contain an index in alphabetical order of all the pupils at the school and shall also contain the following particulars in respect of every such pupil— (a) name in full; (b) sex; (c) the name and address of every person known to the proprietor of the school to be a parent of the pupil and, against the entry on the register of the particulars of any parent with whom the pupil normally resides, an indication of that fact and a note of at least one telephone number at which the parent can be contacted in an emergency; (d) day, month and year of birth; (e) day, month and year of admission or re-admission to the school; and (f) name and address of the school last attended, if any. (2) In the case of every school which includes boarding pupils a statement as to whether each pupil of compulsory school age is a boarder or a day pupil shall be added to the particulars specified in paragraph (1), and that statement shall be amended accordingly where a registered pupil at the school becomes or ceases to be a boarder at the school. (3) For the purposes of this regulation only a pupil is a pupil at the school from the beginning of the first day on which the school has agreed, or has been notified, that the pupil will attend the school. Contents of Attendance Register 6.—(1) The following particulars must be recorded in the attendance register at the commencement of each morning session and once during each afternoon session — (a) in the case of every pupil whose name is entered in and not deleted from the admission register whether the pupil is — (i) present; (ii) absent; (iii) attending an approved educational activity within paragraph (4); or (iv) unable to attend due to exceptional circumstances within paragraph (5); (b) in the case of any such pupil of compulsory school age who is absent, a statement whether or not his absence is authorised in accordance with paragraph (2); (c) in the case of any such pupil of compulsory school age who is attending an approved educational activity the nature of that activity; and (d) in the case of any pupil unable to attend due to exceptional circumstances, the nature of those circumstances: but this paragraph does not apply in respect of a pupil who is a boarder. (2) In the case of a pupil who is not a boarder, his absence shall be treated as authorised for the purposes of this regulation if— (a) he has been granted leave of absence in accordance with regulation 7; or (b) he is unable to attend— (i) by reason of sickness or unavoidable cause; 14 (ii) on a day exclusively set apart for religious observance by the religious body to which his parent belongs; or (iii) because the school is not within walking distance of the pupil’s home, and no suitable arrangements have been made by the local education authority either for his transport to and from the school, or for boarding accommodation for him at or near the school or for enabling him to become a registered pupil at a school nearer his home. (3) Where the reason for a pupil’s absence cannot be established at the time when the register is taken, that absence shall be recorded as unauthorised and any subsequent correction to the register recording that absence as authorised shall be made in accordance with regulation 13 and as soon as practicable after the reason for the absence is established by the person with responsibility for completing the register. (4) An approved educational activity is either— (a) an activity which takes place outside the school premises and which is— (i) approved by a person authorised in that behalf by the proprietor of the school; (ii) of an educational nature, including work experience under section 560 of the Education Act 1996(a) and a sporting activity; and (iii) supervised by a person authorised in that behalf by the proprietor or the head teacher of the school; or (b) attendance at another school at which the pupil is a registered pupil. (5) The exceptional circumstances in which a pupil may be marked as unable to attend are where— (a) the school site, or part of it, is closed due to unavoidable cause at a time when pupils are due to attend; or (b) in the case of a pupil for whom transport to school is provided by the school or a local education authority, and whose home is not within walking distance of the school, that transport is not available. (6) The name of a pupil may only be deleted from the attendance register when that pupil’s name has been deleted from the admission register for that school in accordance with regulation 8. (7) For the purpose of this regulation “walking distance” has the meaning given to that expression in section 444(5) of the Education Act 1996(b). Leave of absence 7.—(1) Leave of absence may only be granted by a person authorised in that behalf by the proprietor of the school. (2) Leave of absence shall not be granted to enable a pupil to undertake employment (whether paid or unpaid) during school hours except— (a) employment for the purpose of taking part in a performance within the meaning of section 37 of the Children and Young Persons Act 1963(c) under the authority of a licence granted by the local authority under that section; or (b) employment abroad for the purpose mentioned in section 25 of the Children and Young Persons Act 1933(d) where a licence has been granted under that section by a justice of the peace. (a) 1996 c.56; section 560 was amended by sections 112 and 140(3) of, and Schedule 31 to, the School Standards and Framework Act 1998 (c.31). (b) 1996 c.56. (c) 1963 c.37; section 37 was last amended by paragraph 10 of Schedule 37 to the Education Act 1996 (c.56). (d) 1933 c.12; section 25 was last amended by section 109(1) of, and paragraph 73(1) and (3) of Schedule 8 to, the Courts Act 2003 (c.39). SAM Appendix 1 15 (3) Subject to paragraph (4), a pupil may be granted leave of absence from the school to enable him to go away on holiday where — (a) an application has been made in advance to the proprietor by a parent with whom the pupil normally resides; and (b) the proprietor, or a person authorised by the proprietor in accordance with paragraph (1), considers that leave of absence should be granted due to the special circumstances relating to that application. (4) Save in exceptional circumstances, a pupil shall not in pursuance of paragraph (3) be granted more than ten school days leave of absence in any school year. (5) This regulation applies only in relation to a maintained school and a special school not maintained by a local education authority. Deletions from Admission Register 8.—(1) The following are prescribed as the grounds on which the name of a pupil of compulsory school age shall be deleted from the admission register— (a) where the pupil is registered at the school in accordance with the requirements of a school attendance order, that another school is substituted by the local education authority for that named in the order or the order is revoked by the local education authority on the ground that arrangements have been made for the child to receive efficient full-time education suitable to his age, ability and aptitude otherwise than at school; (b) except where it has been agreed by the proprietor that the pupil should be registered at more than one school, in a case not falling within sub-paragraph (a) or regulation 9, that he has been registered as a pupil at another school; (c) where a pupil is registered at more than one school, and in a case not falling within subparagraph (j) or (m) or regulation 9, that he has ceased to attend the school and the proprietor of any other school at which he is registered has given consent to the deletion; (d) in a case not falling within sub-paragraph (a) of this paragraph, that he has ceased to attend the school and the proprietor has received written notification from the parent that the pupil is receiving education otherwise than at school; (e) except in the case of a boarder, that he has ceased to attend the school and no longer ordinarily resides at a place which is a reasonable distance from the school at which he is registered; (f) in the case of a pupil granted leave of absence exceeding ten school days for the purpose of a holiday in accordance with regulation 7(3), that — (i) the pupil has failed to attend the school within the ten school days immediately following the expiry of the period for which such leave was granted; (ii) the proprietor does not have reasonable grounds to believe that the pupil is unable to attend the school by reason of sickness or any unavoidable cause; and (iii) both the proprietor and the local education authority have failed, after reasonable enquiry, to ascertain where the pupil is; (g) that he is certified by the school medical officer as unlikely to be in a fit state of health to attend school before ceasing to be of compulsory school age, and neither he nor his parent has indicated to the school the intention to continue to attend the school after ceasing to be of compulsory school age; (h) that he has been continuously absent from the school for a period of not less than twenty school days and — (i) at no time was his absence during that period authorised by the proprietor in accordance with regulation 6(2); (ii) the proprietor does not have reasonable grounds to believe that the pupil is unable to attend the school by reason of sickness or any unavoidable cause; and 16 (iii) both the proprietor of the school and the local education authority have failed, after reasonable enquiry, to ascertain where the pupil is; (i) that he is detained in pursuance of a final order made by a court or of an order of recall made by a court or the Secretary of State, that order being for a period of not less than four months, and the proprietor does not have reasonable grounds to believe that the pupil will return to the school at the end of that period; (j) that the pupil has died; (k) that he will cease to be of compulsory school age before the school next meets and the relevant person has indicated that he will cease to attend the school; (l) in the case of a pupil at a school other than a maintained school, an Academy, a city technology college or a city college for the technology of the arts, that he has ceased to be a pupil of the school; (m) that he has been permanently excluded from the school; or (n) where the pupil has been admitted to the school to receive nursery education, that he has not on completing such education transferred to a reception, or higher, class at the school. (2) In a case not covered by paragraph (1)(a), (j) or (m), the name of a child who has under arrangements made by a local education authority become a registered pupil at a special school shall not be removed from the admission register of that school without the consent of that authority, or if that authority refuse to give consent, without a direction of the Secretary of State. (3) The following are prescribed as the grounds on which the name of a pupil not of compulsory school age is to be deleted from the admission register— (a) that he has ceased to attend the school, or, in the case of a boarder, that he has ceased to be a pupil of the school; (b) that he has been continuously absent from the school for a period of not less than twenty school days and — (i) at no time was his absence during that period agreed by the proprietor; (ii) the proprietor does not have reasonable grounds to believe that the pupil is unable to attend the school by reason of sickness or any unavoidable cause; and (iii) the proprietor of the school has failed, after reasonable enquiry, to ascertain where the pupil is; (c) that the pupil has died; (d) where the pupil has been admitted to the school to receive nursery education, he has not on completing such education transferred to a reception, or higher, class at the school; or (e) that he has been permanently excluded from the school. (4) For the purposes of this regulation— (a) a pupil shall be treated as ordinarily residing at a place where the pupil is habitually and normally resident apart from temporary or occasional absences; (b) “reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate together with pupils of that age; (c) children are to be regarded as having been admitted to a school to receive nursery education if they were placed on admission in a nursery class; (d) the permanent exclusion of a pupil from a maintained school does not take effect until the proprietor has discharged its duties under regulations made under section 52 of the Education Act 2002(a), and— (i) the relevant person has stated in writing that he does not intend to bring an appeal under those regulations: (a) 2002 c.32. SAM Appendix 1 17 (ii) the time for bringing an appeal has expired and no appeal has been brought within that time; or (iii) an appeal brought within that time has been determined or abandoned; (e) the permanent exclusion of a pupil from an Academy, a city technology college or a city college for the technology of the arts does not take effect until the proprietor has discharged its duties in relation to a permanent exclusion under the agreement entered into pursuant to section 482 of the Education Act 1996(a) and (i) the relevant person has stated in writing that he does not intend to bring an appeal; (ii) the time for bringing an appeal has expired and no appeal has been brought within that time; or (iii) an appeal brought within that time has been determined or abandoned. Dual Registration of children with no fixed abode 9.—(1) This regulation applies to a pupil who — (a) has no fixed abode for the reason that his parent is engaged in a trade or business of such a nature as to require him to travel from place to place; and (b) is at the time registered as a pupil at two or more schools. (2) The name of a pupil to whom this regulation applies shall not be deleted from that pupil’s school of ordinary attendance pursuant to regulation 9(1)(b) or (c). (3) Subject to paragraph (4), for the purposes of paragraph (2), a school is a pupil’s school of ordinary attendance if, during the immediately preceding 18 months, it is the school which the pupil has attended during periods when his parent is not travelling in the course of trade or business. (4) In any case in which two or more schools fulfil the definition of a school of ordinary attendance in paragraph (3), paragraph (2) applies only in respect of the school which fulfils the definition most recently. Inspection of registers 10.—(1) The admission register and the attendance register of every school shall be available for inspection during school hours by — (a) any of Her Majesty’s Inspectors of Schools in England appointed under section 1(2) of the Education Act 2005(b); (b) any additional inspector assisting the Chief Inspector in accordance with paragraph 2(1) of Schedule 1 to that Act; and (c) in the case of a school maintained by a local education authority, any officer of the local education authority authorised for that purpose. Extracts from registers 11. The persons authorised by regulation 10 to inspect the admission register and attendance register of any school shall be permitted to make extracts from those registers for the purposes of their functions under the Education Acts. Returns 12.—(1) Subject to paragraph (2), the proprietor of every school shall make to the local education authority, at such intervals as may be agreed between the proprietor and the local (a) 1996 c.56; section 482 was substituted by section 65 of the Education Act 2002 (c.32). (b) 2005 c. 18. 18 education authority, or as may be determined by the Secretary of State in default of agreement, a return giving the full name and address of every registered pupil of compulsory school age who— (a) fails to attend the school regularly; or (b) has been absent from the school, where the absence has not been treated as authorised in accordance with regulation 6(2), for a continuous period of not less than ten school days, and specifying the cause of absence if known to the proprietor. (2) Paragraph (1) shall not apply with respect to — (a) any absence from the school due to the pupil attending another school at which he is a registered pupil; or (b) any period during which the pupil was attending an approved educational activity in accordance with regulation 6(4). (3) As to the contents of the admission register comprising particulars relating to a pupil whose name is to be deleted in accordance with regulation 8(1)(d), (e),(g),(i) or (m), the proprietor shall make a return to the local authority for every such pupil giving the full name of the pupil, the address of any parent with whom the pupil normally resides and the ground upon which their name is to be deleted from the admission register as soon as the ground for deletion is met in relation to that pupil, and in any event no later than deleting the pupil’s name from the register. Method of making entries 13.—(1) Every entry in an admission register or attendance register shall be made in ink. (2) In relation to every amendment made the admission register and the attendance register shall include — (a) the original entry; (b) the amended entry; (c) the reason for the amendment; (d) the date on which the amendment was made; and (e) the name or title of the person who made the amendment. Preservation of registers 14. Every entry in an admission register or attendance register shall be preserved for a period of three years after the date on which the entry was made. Use of computers 15.—(1) Nothing in these Regulations shall be taken to prevent the keeping of an admission or attendance register by means of a computer, but where such a register is so kept the following paragraphs of this regulation shall apply for the purpose of modifying the requirements of these Regulations. (2) The requirements of regulation 4 shall not be treated as satisfied unless an additional back-up copy of the admission register and the attendance register is made not less than once a month in the form of an electronic, micro-fiche or printed copy. (3) The requirements of regulations 10 and 11 shall not be treated as satisfied unless the persons authorised to inspect and take extracts from the admission register and the attendance register are permitted to inspect and take extracts from those registers kept by means of a computer and the additional back-up copies made in accordance with paragraph (2). (4) The requirements of regulation 13 shall not be treated as satisfied unless, where any correction to an original entry in the registers is made, any register kept by means of a computer and any print made of any such register after the correction distinguish clearly between the original entry and the correction. SAM Appendix 1 19 (5) The requirements of regulation 14 shall not be treated as satisfied unless each additional backup copy of the admissions register and the attendance register made in accordance with paragraph (2) and relating to a particular school year is retained for a period of three years after the end of that school year. (6) A print of a register produced by means of a computer shall for the purposes of regulation 14 be taken to be made in ink. (7) The provisions of this regulation are without prejudice to the requirements of the Data Protection Act 1998(a). Jim Knight Minister of State Department for Education and Skills 1st July 2006 (a) 1998 c.29. 20 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations consolidate, with amendments, the Education (Pupil Registration) Regulations 1995, to which there have been a number of subsequent amendments. The Education (Pupil Registration) Regulations 1995 and the Education (Pupil Registration) (Amendment) Regulations 1997 are revoked to the extent that they apply to England. The Education (Pupil Registration) (Amendment) (England) Regulations 2001 are revoked. The following changes of substance are made. The name of a pupil must be included in the register from the beginning of the first day on which the school has agreed, or has been notified, that the pupil will attend the school (regulation 5(3)). A pupil may be marked in the attendance register as unable to attend due to exceptional circumstances where the school site, or part of it, is closed or where transport normally provided for that pupil by the school or the LEA is unavailable (regulation6(1)). Where a pupil is attending another school at which he is a registered pupil he must be marked in the attendance register as attending an approved educational activity (regulation6(4)). Where a pupil is registered at more than one school his name may only be deleted from the admission register of a school which he has ceased to attend where the proprietor of any or every other school at which the pupil is registered gives his consent, (except where the pupil has died, been permanently excluded or is of no fixed abode) (regulation 8(1)(c)). Before deleting a pupil’s name from the admission register on the ground that they have not returned from a leave of absence exceeding ten days, both the proprietor and the local education authority must have failed, after reasonable enquiry, to ascertain where the pupil is (regulation 8(1)(f)). The period after which a pupil’s name may be deleted from the admission register on the ground that the pupil has been continuously absent without authorisation has been changed to twenty school days and additionally the proprietor must not have reasonable grounds to believe that the pupil is unable to attend the school by reason of sickness or unavoidable cause (regulation 8(1)(h)). The name of a pupil who is detained in pursuance of a final court order or order of recall may now only be deleted from the register where that order is for a period of not less than four months and where the proprietor does not have reasonable grounds to believe that the pupil will return to school at the end of that period (regulation 8(1)(i)). The requirement to make a return to the local education authority where a pupil’s name is deleted on certain grounds is extended. That requirement now applies to deletions under regulation 8(1)(d),(e),(g), (i) and (m) and also applies as soon as the grounds for deletion are met and in any event before deleting the pupil’s name (regulation 12(3)). Where a register is kept by means of a computer that register must be backed-up in the form of an electronic, micro-fiche or printed copy not less than once a month (regulation 15(2)). SAM Appendix 1 21 22 STATUTORY INSTRUMENTS 2010 No. 1751 EDUCATION, ENGLAND The Education (Pupil Registration) (England) (Amendment) Regulations 2010 Made - - - - 1st July 2010 Laid before Parliament 7th July 2010 Coming into force - - 1st September 2010 The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 434(1) and 569(4) of the Education Act 1996(a). Citation and commencement 1. These Regulations may be cited as the Education (Pupil Registration) (England) (Amendment) Regulations 2010 and come into force on 1st September 2010. Amendment of the Education (Pupil Registration) (England) Regulations 2006 2. In regulation 6 of the Education (Pupil Registration) (England) Regulations 2006(b) (Contents of Attendance Register) after paragraph (5)(b) insert— “(c) a local or national emergency has resulted in widespread disruption to travel which has prevented the pupil from attending school.” Nick Gibb Minister of State Department for Education 1st July 2010 (a) 1996 c.56. (b) S.I. 2006/1751. SAM Appendix 1 23 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Education (Pupil Registration) (England) Regulations 2006 (“the 2006 Regulations”) and come into force on 1st September 2010. Regulation 6 of the 2006 Regulations prescribes the content of the school attendance register. Regulation 6(1) requires that the school records in the attendance register, at the beginning of each morning session and once during each afternoon session, whether each pupil at the school is present, absent, attending an approved educational activity or is unable to attend due to exceptional circumstances. Regulation 6(5) sets out the exceptional circumstances where a pupil may be marked as unable to attend. These Regulations amend regulation 6(5) to include a new exceptional circumstance. New regulation 6(5)(c) provides that a pupil may be marked as unable to attend if a local or national emergency has resulted in widespread disruption to travel which has prevented the pupil from attending school. An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen. The impact on the public sector is minimal. 24 Appendix 2 Absence and Attendance Codes DfE Guidance for Schools and Local Authorities This guidance was published in June 2009. Whilst most remains current, the DfE website includes the following note: An amendment has been made to how attendance codes D, Y and # should be used from September 2011 onwards. The data collection system has been amended so that the national attendance code D (Dual Registered) is not counted in the School Census as an attendance. Each school will only record the attendance and absence for the sessions the pupil is required to attend at their school; each school will use code D to record all of the sessions that the pupil is due to attend at the other school. The data collection system has been amended so that the national attendance code Y (Unable to Attend due to Exceptional Circumstances) will be collected in the School Census for statistical purposes. Schools will use code Y to record the sessions where a pupil is unable to attend because: • the school site, or part of it, is closed due to an unavoidable cause; • the transport provided by the school or a local authority is not available, and their home is not within walking distance; or • a local or national emergency has resulted in widespread disruption to travel which has prevented the pupil from attending school. A request for change has been submitted so that the national attendance code # (Planned closure) can be applied to partial school closure (currently it can only be applied to whole school closure). This amendment will allow schools to use code # to record different term dates for different pupils, for example, staggered starts or induction days and any other planned partial closure. However, until this change can be implemented by their software supplier, schools should continue to use code Y to record planned partial closure. New guidance to reflect these changes will be published in September 2011. CONTENTS Introduction .........................................................................................................3 The Education (Pupil Registration) England Regulations 2006 ...........3 Further Guidance .....................................................................................4 Use of Fonts in Software .........................................................................4 Acknowledgement ...................................................................................4 /\ Present at registration .............................................................................5 B Educated off-site (not dual registration) ................................................7 C Other authorised circumstances (not covered by another appropriate code/description) ................................................................9 D Dual registered (i.e. present at another school or at a PRU).............. 10 E Excluded but no alternative provision made ....................................... 11 F Agreed extended family holiday ........................................................... 13 G Family holiday (not agreed or sessions in excess of agreement) ..... 14 H Agreed family holiday ........................................................................... 15 I Illness .................................................................................................... 16 J Interview.................................................................................................. 17 L Late but arrived before the register closed.......................................... 18 M Medical or dental appointment ............................................................. 19 N No reason for the absence provided yet .............................................. 20 O Other unauthorised (not covered by other codes or descriptions) ... 21 P Approved sporting activity.................................................................... 22 R Day set aside exclusively for religious observance............................ 23 S Study leave ............................................................................................. 24 T Traveller absence ................................................................................... 25 U Late and arrived after the register closed ............................................ 26 V Educational visit or trip ......................................................................... 28 W Work experience (not work based training)......................................... 29 X Untimetabled sessions for non-compulsory school-age pupils ........ 30 Y Partial and forced closure .................................................................... 31 Z Pupil not on roll yet................................................................................ 33 # School closed to all pupils .................................................................... 34 2 INTRODUCTION This guidance note provides assistance to schools (including independent schools and Academies) and LAs in the use of codes to record pupil attendance and absence in schools. It relates to attendance at statutory morning and afternoon registration sessions and replaces the guidance issued in February 2005. Schools are required to be open to pupils for 190 days in an academic year or 380 sessions by the Education (School Day and School Year) Regulations 1999. The guidance may be used in conjunction with systems to record attendance in “lesson by lesson” systems but schools may find that they need to record other reasons in this type of system. However, where such systems are used and the first lesson in the morning or any session in the afternoon is used to substitute for the morning and afternoon registration, then the codes in this guidance note must be used for those sessions. The guidance should be used in conjunction with the Education (Pupil Registration)(England) Regulations 2006, which are available at www.statutelaw.gov.uk. References to “relevant regulation” in the guidance on the individual codes are to these regulations and references to “legal meaning” are the meaning of the code under regulation 6(1)(a). The Department for Children, Schools and Families (DCSF) believes that these codes are best used within electronic systems for recording attendance and absence of pupils. Such electronic systems are capable of producing the data necessary for absence returns to DCSF without time consuming counting up of possible attendances and actual absences. The use of fixed codes will also assist schools, local authorities and DSCF in monitoring not only whether pupils are absent with or without the permission of the school, but why pupils are absent from school. They can use this information to formulate interventions to address deteriorating attendance, poor attendance, persistent absence and other issues that the data reveals. Education (Pupil Registration)(England) Regulations 2006 The Education (Pupil Registration) (England) Regulations 2006 came into effect on 1 September 2006. The 2006 regulations (Regulation 15) permit schools to use electronic registers and had two changes from the 1995 regulations. The first was to allow schools to take electronic back-up or micro-fiche copies of registers rather than print outs. The second is to ensure that those inspecting registers are given access to the electronic registers and additional back-up copies. However, because there has not been sufficient time to allow the requirements of Regulation 15(4) to be fully implemented in software used in schools to record attendances and absences from September 2006, schools are advised to make a printed copy of the attendance register each month (Reg 15(2)) and to annotate that printed copy so that every amendment made to the attendance register that month includes — (a) the original entry; (b) the amended entry; (c) the reason for the amendment; SAM Appendix 2 3 (d) the date on which the amendment was made; and (e) the name or title of the person who made the amendment. This annotated print out would then be available for inspection and for use in irregular attendance cases brought before the Courts. It will help schools and their staff remember and explain why a change was made to either the admissions or the attendance registers, particularly if there has been a significant passage of time. Further Guidance Further guidance on all issues to do with school attendance can be found on the school attendance website at http://www.dcsf.gov.uk/schoolattendance/ Contact can be made with the DCSF School Attendance Team at school.attendance@dcsf.gsi.gov.uk. Use of Fonts in Software Developers of attendance systems, which incorporate these attendance codes, need to be aware of the impact of using standard fonts such as Arial when displaying absence codes in screen and paper outputs from attendance systems. A week’s attendance data for a pupil with two morning illnesses (using the Code I for the illness) could appear as follows when output in Arial /\/\I\I\/\ However, a font type such as Courier New would show the same pattern as /\/\I\I\/\ A font such as Courier New produces a much clearer display of codes for use in discussion with pupils, parents and in the Courts. Acknowledgement Thanks are due to Southampton LA for the layout and format of this document. 4 REGISTRATION CODE: / \ Brief Description Present / = am \ = pm Statistical Meaning Present Legal Meaning Present Physical Meaning In for whole session DCSF Definition Present in school during registration Additional useful information: Pupils should not be marked present if they were not in school during registration. Activities outside the school day should not be recorded as present at registration for a session during the school day. This would erroneously make it appear that the pupil attended lessons during that session which could have unwanted consequences. Pupils who are present at facilities or provision in school other than mainstream lessons, such as learning support units and so-called “internal exclusion”, are recorded in the same way as other pupils, i.e. schools should use the normal codes for present if the pupils are present at registration and the appropriate code for absence if they are absent. If a pupil were to leave the school premises after registration they would still be counted as present for statistical purposes. The afternoon registration must take place at the start or during the session, not at the end of the previous session or during the break between sessions. For Health and Safety and Safeguarding reasons, schools need to be aware of where pupils are, particularly those leaving or arriving on the premises during a session. This might be achieved through a paper system in the school office, such as requiring pupils to sign in and out as they come and go, to record that a pupil has left the school premises during the session. Systems such as “lesson monitoring” can also help schools identify pupils who are missing from lessons. Schools may wish to have additional codes in their “lesson monitoring” systems to record where pupils are when they are not in mainstream lessons. This is acceptable but these additional codes cannot be fed in to the School Census system. If the first lesson in the morning or any session in the afternoon is used to substitute for the morning and afternoon registration, then the codes in this guidance note must be used for those sessions. DCSF advises schools should close the register to pupils 30 minutes after the register was taken. It also advises schools against leaving the register open for the whole session. (See Code L and Code U) Under the School Day and School Year regulations, schools can set different session times for different pupils such as during public examinations and setting different lesson times for pupils in internal exclusions units or shared exclusions units. However they must have regard to the Department’s advice on the minimum taught time for pupils and the regulatory requirement to offer 380 sessions to all pupils. Where schools set different session times, they should close the register 30 minutes after the register was taken for that group of pupils. For example if SAM Appendix 2 5 the main school day started at 8.30am but the internal exclusion unit (or shared exclusion unit) started at 9.30am: the register for the main school should close at 9.00am; and the register for the exclusion unit will close at 10.00am. (See Code L and Code U) For safeguarding and educational reasons, schools must follow up all unexplained and unexpected absence in a timely manner, such as through “First Day Calling” procedures. 6 REGISTRATION CODE: B Brief Description Educated off site (NOT Dual registration) Statistical Meaning Approved Educational Activity Legal Meaning Attending approved educational activity Physical Meaning Out for whole session DCSF Definition Where a registered pupil on roll is currently being educated off-site at a supervised activity approved by the school. Relevant Regulation 6 (4) Additional useful information: This code can be used for all pupils, including Travellers’ children, who are present at educational provision which is not in a school. Examples of when this code would be used are: attending taster days at other schools; pupils attending another school as ‘guest pupils’ (note a pupil who attends another school as part of a regular pattern must be dual registered – see Code D); pupils attending vocational courses at college; pupils attending alternative provision arranged and or agreed by the school; and pupils undertaking work experience as part of an alternative curriculum or alternative provision (pupils undertaking work experience under section 560 of the Education Act 1996 should be recorded under Code W). For educational and safeguarding reasons, schools should ensure that they have in place arrangements whereby the provider of the alternative activity provided “off site” can notify the school of any absences by individual pupils so that the school can record the pupil absence using the relevant absence code. Approved Educational Activity must be supervised by someone approved by the school. It must also take place during the session for which the mark is recorded. This code must not be used when pupils are attending alternative provision on the school’s premises. Schools should not use this code if a pupil has an agreed part-time timetable as part of reintegration or transition. The school are authorising the absence for the sessions that the pupil is not required to be in school and the pupil should be recorded as Code C for those sessions. Whilst part-time timetables are a useful technique to help pupils adapt or re-adapt to the school setting, they have the effect of reducing the sessions on offer to those pupils to under the minimum 380 sessions. Such timetables should be a short term measure. Schools should not use this code to record study leave. Study leave is unsupervised time away from school for pupils to prepare for their public examinations and many pupils treat such time as extra holidays and do no study. As a result, study leave does not meet the legal definition of approved educational activity. Schools should not use this code to record pupil review days if pupils are SAM Appendix 2 7 simply sent home with home work and private study. Like study leave it is unsupervised and usually treated as an extra holiday by pupils. It therefore would not meet the legal definition of approved educational activity. The code can be used where schools arranged supervised, off-site educational activities to replace the normal lessons whilst review interviews are held. 8 REGISTRATION CODE: C Brief Description Other authorised circumstances (not covered by another appropriate code/description) Statistical Meaning Authorised Absence Legal Meaning Absent Physical Meaning Out for whole session DCSF Definition Special occasions at the discretion of the school Additional useful information: (These examples are illustrative and not meant to be exhaustive) Only exceptional occasions warrant leave of absence. Schools should consider each request individually taking the following into account: the nature of the event for which leave is sought; its frequency (is it a one-off, or likely to become a regular occurrence?); whether the parent gave advance notice; and the pupil’s overall attendance pattern. Examples might include special occasions such as attending the wedding of a family member, family bereavement, prison visits. Public Performances Where a pupil is absent because they are taking part in a public performance, it is still the school which decides whether to authorise the absence, even if the pupil is being employed under a licence issued by a local authority. Young Carers In a genuine crisis a school can approve absence for a child to care for a relative until other arrangements can be made. The school should set a time limit for the absence and set some school work so the pupil does not fall behind while at home. Birth of a Child Support should be directed to keeping the pupil in school wherever possible, and to return her to full-time education as soon as possible after the birth. A pupil who becomes pregnant should be allowed no more than18 weeks authorised absence to cover the time immediately before and after the birth of the child. After that time, any absence should be treated as unauthorised. Further guidance is available in DfES Circular 0629/2001 at the following site http://www.dcsf.gov.uk/schoolageparents/ At the request of the school A pupil has been placed on an agreed part-time timetable e.g. as part of a staggered intake or reintegration package. SAM Appendix 2 9 REGISTRATION CODE: D Brief Description Dual registration (i.e. pupil attending other establishment) Statistical Meaning Approved Educational Activity Legal Meaning Attending approved educational activity Physical Meaning Out for whole session DCSF Definition The law allows for dual registration of pupils at more than one school. Where a pupil is dually registered at institution X and Y, institution X marks the pupil approved educational activity while they are attending institution Y and vice-versa. Both institutions share responsibility for the child. Failure to attend either institution at the proper time without good reason is unauthorised absence. Additional useful information: This code is to be used when a pupil is dually registered at two schools and, for the session in question, they are not required to attend your school. The school where the child is expected to attend is responsible for accurately recording the pupil’s attendance and chasing up non-attendance. Pupils who are dually registered at two schools should be registered as such in both schools’ information management systems (MIS) under “pupil enrolment status”. For example - A student who is on roll at school A but attending school B (which could be the PRU or a special school). School A - record M (Main – dual registration) School B – record S (Subsidiary – dual registration) This code can be used for Traveller children when it is known that: they are attending another school; and are dually registered at both schools. It should NOT be used unless these two conditions are met. Schools should ensure that they have in place arrangements whereby the school where the pupil is scheduled to be can notify the “other” school of any absences by individual pupils so that both schools can record the pupil absence using the relevant absence code. For safeguarding and educational reasons, one of the schools must follow up all unexplained and unexpected absence in a timely manner, such as through “First Day Calling” procedures. Approved Educational Activity must be supervised by someone approved by the school. It must also take place during the session for which the mark is recorded. 10 REGISTRATION CODE: E Brief Description Excluded (No alternative provision made) Statistical Meaning Authorised Absence Legal Meaning Absent Physical Meaning Out for whole session DCSF Definition A pupil who is excluded for a fixed period remains on the school roll but cannot attend the school. A pupil who is permanently excluded remains on the school roll until the appeal process has been completed. Alternative provision must be arranged for each excluded pupil from the sixth day of exclusion but some schools and LAs opt to make provision earlier than this. Absence due to fixed term exclusion where no alternative provision is in place is authorised as the absence results from decisions made by the school. Similarly, the absence of a permanently excluded child for whom alternative provision is not made should be treated as authorised while any review or appeal is in progress. Additional useful information: This code is used to record pupils’ absence because: they have been excluded; and no provision has been made for them to continue their education whilst excluded. The school is responsible for making alternative arrangements for an excluded pupil who remains on the school roll either directly or in conjunction with an agreed provider of alternative provision. This provision must be in place from the sixth day of a pupil’s permanent exclusion and the sixth day of fixed term exclusion. Further guidance on exclusions is available at www.dcsf.gov.uk/behaviourandattendance. If the alternative provision made is attendance at a PRU or a shared exclusion unit at another school, the pupil should be recorded under attendance Code D as the pupil is dually registered at both institutions. In these circumstances, the pupil’s registration status as recorded in the school Management Information System (MIS) will need to be changed from Current single registration (C) to Current main (Dual registration) (M). If the pupil is “internally excluded” or is attending a shared exclusion unit within the school then the attendance should be recorded using the normal marks for present. If the alternative provision made is attendance at any other provider (agreed by the local authority*), the pupil should be recorded under Code B as the pupil is being educated off site. In all cases where alternative provision is made and the pupil is absent, the absence should be recorded using the appropriate code for that activity and not Code E. * Guidance on LA “approval of alternative providers” is available at www.teachernet.gov.uk. If a permanent exclusion is confirmed, the pupil’s name should be removed from the school roll on the school day: after the appeal panel’s confirmation of permanent exclusion; SAM Appendix 2 11 on expiry of the time allowed for appeals to be made; after the parent confirms in writing that they do not intend to appeal; or if the pupil takes up a place elsewhere. 12 REGISTRATION CODE: F Brief Description Extended Family Holiday (agreed) Statistical Meaning Authorised Absence Legal Meaning Absent Physical Meaning Out for whole session DCSF Definition Parents should not normally take pupils on holiday in term time. They must apply for leave in advance of taking it. Each request for holiday absence should be considered individually taking account of: the age of the child; the time of year proposed for the trip; its nature and parental wishes; the overall attendance pattern of the pupil; the child's stage of education and progress. Schools should invite parents to discuss any proposed holiday in term time. Schools can only agree to absence for a family holiday if they believe there are special circumstances which warrant it. They can only agree to absence of more than 10 school days in a school year if they believe there are exceptional circumstances. Pupils who fail to return to school within 10 days of the end of extended leave of absence may be deleted if both the school and LA fail to locate them and they do not have good reason to be absent. Relevant Regulation 7 and 8(f) Additional useful information: This category is for the whole of an extended holiday where the head teacher has agreed there are exceptional circumstances. A pupil who takes 10 days holiday (whether authorised or not) in an academic year will only attain 94.7% attendance. A pupil who takes 10 days holiday during the period of September – May (the annual DCSF absence survey time period) will only attain 93.8%. This latter is the figure that appears in the performance and attainment tables. If a school agrees absence and the pupil goes on holiday for 10 days or fewer, absence is authorised (use Code H). If the parents do not apply for the leave of absence in advance of taking it the pupil must be recorded as unauthorised absence using code G. If a school does not agree absence and the pupil goes on holiday, absence is unauthorised (Code G). If parents keep a child away for longer than was agreed, any extra time is recorded as unauthorised (Code G). If the school considers that there are exceptional circumstances why the pupil should be granted approval for a holiday of more than 10 days, this approval can be given and the absence would be authorised and recorded under Code F. Examples include: parent working abroad for a fixed, medium term period; and returning to country of origin. SAM Appendix 2 13 REGISTRATION CODE: G Brief Description Family Holiday (NOT agreed or days in excess of agreement) Statistical Meaning Unauthorised Absence Legal Meaning Absent Physical Meaning Out for whole session DCSF Definition Parents should not normally take pupils on holidays in term time and must apply for the leave in advance of taking it. Each request for holiday absence should be considered individually, taking account of: the age of the child; the time of year proposed for the trip; its nature and parental wishes; the overall attendance pattern of the pupil; the child's stage of education and progress. Schools should invite parents in to school to discuss any proposed holiday in term time. Schools can only agree to absence for a family holiday if they believe there are special circumstances which warrant it. They can only agree to absence of more than 10 school days in a school year if they believe there are exceptional circumstances. Relevant regulation 7 Additional useful information: A pupil who is authorised to take 10 days holiday during one whole academic year will only attain 94.7% attendance A pupil who takes 10 days holiday during the period of September – May (the annual DCSF absence survey time period) will only attain 93.8%. This is the figure that appears in the performance tables. If a school agrees absence and the pupil goes on holiday for 10 days or less, absence is authorised (use Code H). If the parents do not apply for the leave of absence in advance of taking it the pupil must be recorded as unauthorised absence using code G, as the regulations do not allow schools to give retrospective approval. If a school does not agree absence and the pupil goes on holiday, absence is unauthorised (Code G). If parents keep a child away for longer than was agreed, any extra time is recorded as unauthorised (Code G). If the school considers that there are exceptional circumstances why the pupil should be granted approval for a holiday of more than 10 days, this approval can be given and the absence would be authorised and recorded under Code F. 14 REGISTRATION CODE: H Brief Description Family Holiday (agreed) Statistical Meaning Authorised Absence Legal Meaning Absent Physical Meaning Out for whole session DCSF Definition Parents should not normally take pupils on holidays in term time and parents must apply for the leave in advance of taking it . Each request for holiday absence should be considered individually, taking account of: the age of the child; the time of year proposed for the trip; its nature and parental wishes; the overall attendance pattern of the pupil; the child's stage of education and progress; and whether circumstances warrant it. Schools should invite parents to discuss any proposed holiday in term time. Schools can only agree to absence for a family holiday if they believe there are special circumstances which warrant it. They can only agree to absence of more than 10 school days in a school year if they believe there are exceptional circumstances. Relevant Regulation 7 Additional useful information: A pupil who is authorised to take 10 days holiday during one whole academic year will only attain 94.7% attendance. A pupil who is authorised to take 10 days holiday during the period of September – May (the annual DfES absence survey time period) will only attain 93.8%. The latter is the figure that appears in the performance and attainment tables. If a school agrees absence and the pupil goes on holiday for 10 days or less, absence is authorised (use Code H). If the parents do not apply for the leave of absence in advance of taking it the pupil must be recorded as unauthorised absence using code G, as schools cannot approve family holidays retrospectively. If a school does not agree absence and the pupil goes on holiday, absence is unauthorised (Code G). If parents keep a child away for longer than was agreed, any extra time is recorded as unauthorised (Code G). If the school considers that there are exceptional circumstances why the pupil should be granted approval for a holiday of more than 10 days, this approval can be given and the absence would be authorised and recorded under Code F. SAM Appendix 2 15 REGISTRATION CODE: I Brief Description Illness (NOT medical or dental etc. appointments) Statistical Meaning Authorised Absence Legal Meaning Absent Physical Meaning Out for whole session DCSF Definition Missing registration through illness is an authorised absence. If a pupil is present for registration but returns home because of illness, no absence need be recorded for that session. Schools should keep a record of pupils leaving or returning to site in case of an emergency. If the authenticity of illness is in doubt, schools can record the absence as unauthorised absence (Code O) but should advise parents of the school’s intention. Schools can request parents to provide medical evidence to support absence on the grounds of illness. A pupil receiving medical treatment on site should be marked 'present'. Relevant Regulation 6(2) Additional useful information: This code is to be used when parents phone to say that their child is ill. Parents should always be advised to notify the school as soon as possible when a child is ill. It could also be used when parents send a letter after the period of illness to explain the child’s absence. Absence at registration due to a medical, dental or hospital appointment should be recorded using Code M. While schools can request medical evidence to support absence on the grounds of illness, schools are advised not to request medical certificates unnecessarily (particularly retrospective certificates), especially if the illness was not treated by a doctor at the time. Unnecessary requests will block GP’s appointments which, in turn, could delay treatment of others and doctors report that it is difficult to provide retrospective evidence, particularly if they did not treat the pupil. Medical evidence can take the form of sight of prescriptions, appointments cards, etc. rather than Doctors’ Notes. 16 REGISTRATION CODE: J Brief Description Interview Statistical Meaning Approved Educational Activity Legal Meaning Attending approved educational activity Physical Meaning Out for whole session DCSF Definition Interviews with prospective employers, or another educational establishment. Relevant Regulation 6(4) Additional useful information: This code should be used to record time spent in interviews with prospective employers or for a place at a further or higher education establishment (Yr 11 only). It should not be used for interviews for other employment. The school should be satisfied that the interview is linked to future education or employment prospects, and the school staff should normally ask for advance notice and proof of the appointment. Approved Educational Activity must be supervised by someone approved by the school. It must also take place during the session for which the mark is recorded. SAM Appendix 2 17 REGISTRATION CODE: L Brief Description Late (before registers closed) Statistical Meaning Present Legal Meaning Present Physical Meaning Late for session DCSF Definition Schools should actively discourage late arrival and be alert to patterns of late arrival, which could provide grounds for prosecution. Schools should have a policy on how long registers should be kept open. In circumstances such as bad weather or public transport difficulties, schools may keep the register open for a longer period. Additional useful information: Many schools/LAs have asked if schools could have an agreed time for the close of registration. This is not possible due to the individual needs of each school. DCSF advises that schools should close the register to pupils 30 minutes after the start of the session. It also advises schools against leaving the register open for the whole session. (See Code L and Code U) Under the School Day and School Year regulations, schools can set different session times for different pupils such as during public examinations and setting different lesson times for pupils in exclusions units. However they must have regard to the Department’s advice on the minimum taught time for pupils and the requirement to offer 380 sessions. Where schools set different session times, they should close the register 30 minutes after the register was taken for that group of pupils. For example if the main school day started at 8.30am but the exclusion unit started at 9.30am: the register for the main school should close at 9.00am; and the register for the exclusion unit will close at 10.00am. (See also Code U) For safeguarding and educational reasons, schools must follow up all unexplained and unexpected absence in a timely manner, such as through “First Day Calling” procedures. 18 REGISTRATION CODE: M Brief Description Medical/Dental appointments Statistical Meaning Authorised Absence Legal Meaning Absent Physical Meaning Out for whole session DCSF Definition Missing registration for a medical or dental appointment is authorised absence. Parents and pupils should be encouraged to make appointments out of school hours. Sight of an appointment card is advisable if a pupil is an irregular attender. If a pupil is present for registration but has a medical appointment later, no absence need be recorded for that session. Schools should keep a record of pupils leaving or returning to site in case of an emergency. A pupil receiving medical treatment on site should be marked 'present'. Additional useful information: For Health and Safety reasons a system must be in place to record that a pupil has either arrived at school or left the premises during the session. Medical appointments include: Attendance at a GP’s surgery; Attendance at a dentist’s surgery; and Hospital appointments (not a stay in hospital, for which Code I should be used). SAM Appendix 2 19 REGISTRATION CODE: N Brief Description No reason yet provided for absence Statistical Meaning Unauthorised Absence Legal Meaning Absent Physical Meaning Out for whole session DCSF Definition No reason for absence Relevant Regulation 6(3) Additional useful information: Every endeavour should be made to establish the reason for a pupil’s absence from school. Until a reason is obtained, the absence must be coded using Code N. If no reason for absence is provided after a reasonable amount of time, Code N should be replaced with Code O. If pupils are unexpectedly absent and their parents do not contact the school, the school should contact them under first day calling arrangements. Code N should not be left showing on a pupil’s attendance record indefinitely. Schools should ensure they have systems and procedures in place to follow up these absences and establish the reason for absence, ideally within a two week timescale. Where a pupil is recorded initially as Code N and this is subsequently amended with a reason for the absence of the pupil, the new information is regarded as the first entry in the register and does not require that the change from Code N is associated with who made the change, when or why. The reason is that the information has just been provided. Any other change to any other information entered into either the attendance register or admissions register must be accompanied with details of the original and new entries, who made the change, when and why (see the introduction to this guidance). 20 REGISTRATION CODE: O Brief Description Unauthorised Absence (not covered by any other code/description) Statistical Meaning Unauthorised Absence Legal Meaning Absent Physical Meaning Out for whole session DCSF Definition Unauthorised Absence Additional useful information: Examples: pupil’s/parent’s/sibling’s/relative’s birthday; shopping; having their hair cut; special treat; market day; “Couldn’t get up”; and closure of a sibling’s school for INSET (or other) purposes. SAM Appendix 2 21 REGISTRATION CODE: P Brief Description Approved sporting activity Statistical Meaning Approved Educational Activity Legal Meaning Attending approved educational activity Physical Meaning Out for whole session DCSF Definition The pupil is participating in or attending an approved sporting activity. Relevant Regulation 6(4) Additional useful information: The activity must be supervised by a person authorised in that behalf by the Headteacher of the school. The pupil must be taking part in the activity. Spectating at events such as following the local football club and sporting victory parades must not be treated as approved educational activity. If schools have concerns about the appropriateness of an activity they can seek advice from the sports’ national governing body. However, the final decision rests with the school and they should take the effect on the pupil’s general education into account. Approved Educational Activity must be supervised by someone approved by the school. It must also take place during the session for which the mark is recorded. 22 REGISTRATION CODE: R Brief Description Religious observance Statistical Meaning Authorised Absence Physical Meaning Out for whole session Legal Meaning Absent DCSF Definition Absence to take part in any day set aside exclusively for religious observance by the religious body to which the parents belong, including religious festivals. Parents should be encouraged to give advance notice. Relevant Regulation 6(2)(b) Additional useful information: This is interpreted to mean that if the parent's religious organisation sets the day as a religious festival then the school must authorise the absence. Where necessary, schools should seek advice from the parent’s religious body about whether it has set the day apart for religious observance. If the religious body has not set the day apart there is no requirement for the school to approve the absence or grant a leave absence. Additional holidays and days off linked to the religious festival but not “exclusively set aside for religious observance” by the religious body are not marked using Code R. SAM Appendix 2 23 REGISTRATION CODE: S Brief Description Study leave Statistical Meaning Authorised Absence Legal Meaning Absent Physical Meaning Out for whole session DCSF Definition Study leave should be used sparingly and only for Year 11 pupils during mock and public examinations. Additional useful information: Many schools are electing to seek alternatives to study leave as there is evidence that a high proportion of students do not have the skills, or are not inclined, to make the best use of large amounts of unsupervised and unstructured revision time. The Specialist Schools Trust have produced a booklet ‘Beyond Study Leave’ written by head teachers and endorsed by SHA and NAHT which provides practice examples of alternatives to study leave. This can be found at: http://www.specialistschools.org.uk/publications/default.aspa?q=beyond%20study%2 0leave&f=1&s=1&c=publications In addition the DCSF has produced a GSCE Booster Pack DFES reference 06782004 which provides materials for teachers and students to help them perform as well as they can in GCSE examinations. It is available on: http://publications.teachernet.gov.uk/default.aspx?PageFunction=productdetails&Pag eMode=leadership&ProductId=DfES+0678-2004 Approved Educational Activity must be supervised by someone approved by the school. It must also take place during the session for which the mark is recorded. As study leave is unsupervised and schools cannot assume that it took place during the school session it does not meet these regulatory requirements. Schools should bear in mind that any session given to pupils as study leave has a statistical meaning of authorised absence and should be recorded and reported on by the school as such. When calculating the use of study leave, and therefore authorised absence, schools must bear in mind that pupils cannot leave school until the last Friday in June. Pupils who are present at examinations should not be marked using this code. 24 REGISTRATION CODE: T Brief Description Traveller absence Statistical Meaning Authorised Absence Legal Meaning Absent Physical Meaning Out for whole session DCSF Definition Traveller child when the family is travelling Additional useful information: A number of different groups are covered by the generic term Traveller - Roma, English and Welsh Gypsies, Irish and Scottish Travellers, Showmen (Fairground people) and Circus people, Bargees (occupational boat dwellers) and New Travellers. To help ensure continuity of learning for Traveller children, dual registration is allowed. A school cannot remove a Traveller child from the school roll while they are travelling if it is the base school. If the pupil’s family are known to be travelling but it is not known whether the pupil is attending educational provision (at a school or other provider), the absence should be authorised and recorded using code T. If the pupil is known to be dual registered and present at another school during the session in question, the attendance should be recorded using code D. If the pupil is known to be present (during the session in question) at other educational activity which meet the requirements of the regulation on approved educational activity, the attendance should be marked using codes B, J, P, V or W as appropriate. If the pupil is known to be absent from other provision for reasons other than traveling (e.g. illness, unexplained absence) the appropriate code should be used. Children from “traveller” families are subject to the same rules as other children in terms of required to attend school. However, there is a defence available to traveller families if prosecuted for non attendance provided that the child has attended a school for at least 200 sessions in the 12 months ending when legal proceedings are started SAM Appendix 2 25 REGISTRATION CODE: U Brief Description Late (after registration closed) Statistical Meaning Unauthorised Absence Legal Meaning Absent Physical Meaning Late for session DCSF Definition Schools should actively discourage late arrival and be alert to patterns of late arrival, which could provide grounds for prosecution. Schools should have a policy on how long registers should be kept open. In circumstances such as bad weather or public transport difficulties, schools may keep the register open for a longer period. Additional useful information: This code should be used when a pupil has arrived after the close of registration with no relevant reason to code it otherwise. Example: If a pupil arrives late (after registers have been closed) due to a doctor or dentist appointment, the code M would be used. If a pupil arrives late (after registers have been closed) because they couldn’t find their shoes/their school uniform was drying in the tumble dryer/their younger sibling was playing up etc, the code U would be used. DCSF advises that schools should close the register to pupils 30 minutes after the start of the session. It also advises schools against leaving the register open for the whole session. (See Code L and Code U) Schools and LAs have asked if all schools could have an agreed time for the close of registration. This is not possible due to the individual needs of each school and a school’s power to set different session times for different pupils (see below). For Health and Safety reasons, schools need to be aware of where pupils are, particularly those leaving or arriving on the premises during a session. This might be achieved through a paper system in the school office to record that a pupil has arrived on the school premises during the session. “Lesson monitoring” can also help with this process. Under the School Day and School Year regulations, schools can set different session times for different pupils such as during public examinations and setting different lesson times for pupils in exclusions units. However they must have regard to the Department’s advice on the minimum taught time for pupils and the requirement to offer 380 sessions. Where schools set different session times, they should close the register 30 minutes after the register was taken for that group of pupils. For example if the main school day started at 8.30am but the exclusion unit started at 9.30am: the register for the main school should close at 9.00am; and the register for the exclusion unit will close at 10.00am. (See also Code L) 26 For safeguarding and educational reasons, schools must follow up all unexplained and unexpected absence in a timely manner, such as through “First Day Calling” procedures. SAM Appendix 2 27 REGISTRATION CODE: V Brief Description Educational visit or trip Statistical Meaning Approved Educational Activity Legal Meaning Attending approved educational activity Physical Meaning Out for whole session DCSF Definition School organised trips and visits, including residential trips. Can also be used for other trips of a strictly educational nature, which are arranged by other organisations, provided they are supervised. Relevant Regulation 6(4) Additional useful information: Further information on running visits is available from www.teachernet.gov.uk/teachingandlearning/library/schoolvisits/ Approved Educational Activity must be supervised by someone approved by the school. It must also take place during the session for which the mark is recorded. 28 REGISTRATION CODE: W Brief Description Work experience Statistical Meaning Approved Educational Activity Legal Meaning Attending approved educational activity Physical Meaning Out for whole session DCSF Definition Work experience under section 560 of the Education Act 1996. Schools must ensure that they check on the attendance of the pupil at the work experience placement and mark the register accordingly. Relevant regulation 6(4) Additional useful information: Work experience is for pupils in the last two years of compulsory schooling. A child shall be taken to be in his/her last year of compulsory schooling from the beginning of the term at his/her school which precedes the beginning of the school year in which he/she would cease to be of compulsory school age. Approved Educational Activity must be supervised by someone approved by the school. It must also take place during the session for which the mark is recorded. Work experience undertaken as part of an alternative curriculum or alternative provision should not be recorded using this code. Such work experience is legitimate education “off site” and should be recorded using Code B. SAM Appendix 2 29 REGISTRATION CODE: X Brief Description Untimetabled sessions for non-compulsory school-age pupils Statistical Meaning Not counted in possible attendances Legal Meaning Absent Physical Meaning Not required to be in school DCSF Definition Pupils who have not attained the age of 5 years at the start of the term in which the session takes place or were 16 years before the start of the school year in which it takes place. Additional useful information: The Regulations require the register to be taken for both compulsory age and noncompulsory age pupils. The difference between the two set of records is that the school does not have to record whether or not the absence is authorised for noncompulsory age pupils. However, we recommend that this code is used to record sessions that noncompulsory school-age children are not expected to attend and use the standard codes to record other absence. This will not affect schools’ and local authorities’ attendance statistics, particularly those published by the Department, because DCSF does not collect statistics for non-compulsory school-age pupils. It will help schools to easily identify when pupils have missed lessons. This code must not be used to record the absence of children of compulsory school age or any form of exclusion. If a school places a compulsory school age pupil on a part time timetable, for example as part of re-integration, then the school is authorising the pupil's absence from the sessions not in the timetable. That absence should be recorded under Code C. Schools should not place pupils on part-time timetables for an indefinite period and should monitor it and the pupil. If a pupil is registered at more than one school, attendance at other school(s) should be recorded under code D with absence from them all recorded in the normal way. Year 11 Pupils who are going onto the Year 12 (Sixth Form) Under the 2006 Pupil Registration regulations, schools cannot delete Year 11 pupils who intend to remain at the school and enter the Sixth Form (Year 12) from the school registers. Once the pupils have reached the end of their compulsory schoolage, which is on the last Friday in June, they can be recorded using this code if the school has not asked them to attend. 30 REGISTRATION CODE: Y Brief Description Forced and Partial Closure Statistical Meaning Not counted in possible attendances Legal Meaning Unable to attend due to exceptional circumstances or not attending because the pupils have a different school year to other pupils in the school. Physical Meaning Not required to be in school DCSF Definition Where the school site, or part of it, is closed due to unavoidable cause or the transport provided by the school or local authority for pupils (who do not live with walking distance) is not available. Or where the school has different term dates for different groups of pupils. Relevant Regulation 6(5) Additional useful information: Different Term Dates for Different Pupils The Education (School Day and School Year) Regulations 1999 require schools to be open to each compulsory school-age pupil for 380 sessions a year but schools and local authorities can agree to set different term dates for different year groups. Where they do this, schools can use Code Y to record that a year group is not due to attend. Schools and local authorities can use the attendance register to monitor the offer made to pupils because there must be at least 380 session recorded using codes /, \, or B to W for each pupil who is registered at the school for the whole year. Closed due to unavoidable cause For the purposes of recording attendance and absence, “official transport” is that arranged and funded by the school or local authority such as dedicated buses, taxis and public transport passes. Examples include: road conditions make some roads impassable with the result that the school bus or taxi can only collect some of the pupils; public transport not available to those issued with passes due to major incident; burst boiler; floods; and damage. This code should not be used for planned closures of the school site which should be recorded as Code #. It must not be used for pupils on part-time timetables or any form of exclusion. This mark should be used where the official transport is withdrawn by the school or local authority (or with its agreement). It should not be used: for pupils who “miss the bus” and could use a later service thereby arriving late; when pupils’ normal mode of transport is unavailable, such as a being driven their by parents, but alternatives are available; or for pupils’ who normally walk to school. SAM Appendix 2 31 Where the whole school is forced to close in exceptional circumstances, this can be recorded in electronic attendance recording systems by way of a “system wide” entry for the whole school and applying the enforced closure to all pupils in the school. Where only part of the school is forced to close in exceptional circumstances, e.g. one site housing 2 year groups or classes, this can be recorded in electronic attendance recording systems by way of selecting the year groups or classes and applying the partial enforced closure to all pupils in the year group or class. Where the enforced closure relates to pupils following a failure of school/LA provided transport, this can be recorded in electronic attendance recording systems by way of selecting the pupils as a group and applying the partial enforced closure to all pupils in that group. 32 REGISTRATION CODE: Z Brief Description Pupil not on roll Statistical Meaning Not counted in possible attendances Legal Meaning Pupil not registered at the school Physical Meaning Not required to be in school DCSF Definition None Relevant Regulation 5(3) Additional useful information: This code is available to enable schools to set up registers before pupils are due to join and ease administration. School MIS systems store details of pupils who are to be admitted in a “pre admission group” which is then “rolled forward” at the start of term. This helps schools to have details on new pupils in their MIS system as soon as possible. However, some pupils do not turn up (because they have started somewhere else) but they are still “on roll” as far as the computer is concerned until they are made a “leaver”. While “on roll” in this way, they will be shown as “unauthorised” absent unless they can be marked as “not yet on roll” in the computer. Under the 2006 Regulations (Regulation 5), schools must now put pupils on the admissions register on the first day that the school expects them to attend not, as previously, when they first attend. Schools should also remember that all pupils on the admissions register must also be entered on the attendance register and their attendance recorded. If a pupil is expected to arrive at a school i.e. in a “pre admission group”, but does not, in fact, arrive to attend the school, the school should advise the LA immediately and mark the pupil using Code N. When the school and LA locate the pupil, they should mark the pupil accordingly. For example, if it is found that the pupil is at another school, the pupil can be treated as dual registered (see Code D) and then removed from the school roll. SAM Appendix 2 33 REGISTRATION CODE: # Brief Description School closed to pupils Statistical Meaning Not counted in possible attendances Legal Meaning No session held Physical Meaning Not required to be in school DCSF Definition None Additional useful information: This code should be used for whole school planned closures. Examples are between terms; half terms; occasional days when the whole school (including staff) are on holiday; weekends (if required by the system); up to 5 no-contact days when teachers are at work but not teaching and when pupils are not required to attend; any additional no contact days defined by regulation to be used for curriculum planning/training; and use of schools as polling stations. This code should not be used for enforced closures of all or part of the school, site. Code Y is the appropriate code (see guidance on Code Y). 34 Appendix 3 Schools, ‘Parents’ and ‘Parental Responsibility’ INTRODUCTION 1. Schools are required by law to have a wide range of dealings with pupils' parents. The question "Who are a pupil's parents?" is, however, not always as straightforward as it sounds. In addition, schools can often find themselves caught up in disputes between a number of adults who each claim to have parental responsibility for a particular child. 2. This note: explains who is a parent for the purposes of education legislation; provides a brief description of court orders which settle areas of dispute about a child's care or upbringing and which can limit an individual's parental responsibility; and sets out some general principles to guide schools as to who they must involve in issues about a child's education and who they must keep informed about school matters. DEFINITION OF "PARENT" 4. Section 576 of the Education Act 1996 defines "parent" to include: all natural parents, whether they are married or not; and any person who, although not a natural parent, has parental responsibility 1 for a child or young person; and any person who, although not a natural parent, has care of a child or young person. PARENTAL RESPONSIBILITY 5. Having parental responsibility means assuming all the rights, duties, powers, responsibilities and authority that a parent of a child has by law. People other than a child's natural parents can acquire parental responsibility through: 1 being granted a residence order; Parental responsibility is defined in the Children Act 1989. If the parents of a child were not married to each other when the child was born, the mother automatically has parental responsibility but the father does not, even if he is named on the birth certificate. He can, however, subsequently acquire parental responsibility by various legal means. being appointed a guardian; being named in an emergency protection order (although parental responsibility in such a case is limited to taking reasonable steps to safeguard or promote the child's welfare); or adopting a child. 6. In addition, a local authority can acquire parental responsibility if it is named in the care order for a child, although any person who is a parent or guardian retains parental responsibility and may exercise it providing their actions are not incompatible with the care order. While the care order is in force, the local authority can refuse contact with the parent and does not have to seek parental consent. Children can also be "accommodated", whereby there is a joint arrangement between the parents and the local authority that the latter will look after the child. This does not, however, involve a court order and the parents can withdraw from the arrangement if they choose to do so. 7. The parental responsibility of one party does not stop simply because another person is also given it. So, in some cases several people may be regarded, for the purposes of education law, as being the "parent" of a child. CARE OF A CHILD 8. Having care of a child or young person means that a person who the child lives with and who looks after the child, irrespective of what their relationship is with the child, is considered to be a parent in education law. COURT ORDERS AND PARENTAL RESPONSIBILITY 9. Court orders under section 8 of the Children Act 1989 (often called section 8 orders) settle areas of dispute about a child's care or upbringing, and can limit an individual's parental responsibility. There are two types of order which are concerned with particular issues and which still allow everyone with parental responsibility to participate in all other major decisions about a child's education: A prohibited steps order imposes a specific restriction on the exercise of responsibility. This means that no step specified by the court which a parent could take in meeting his/her parental responsibility, can be taken without the consent of the court. Examples would be one parent taking the child abroad for an extended period or preventing the child from attending a form of religious worship against the wishes of the other parent. A specific issue order is an order giving directions for the purpose of determining a specific question which has arisen, or may arise, in connection with any aspect of parental responsibility. An example would be an order allowing one parent to agree to a pupil changing school against the wishes of the other parent. 10. Other types of order, which do not relate to particular issues, are: A residence order, which says where and with whom a child should live, and gives the holder parental responsibility for the child (if he or she does not already have it). A contact order, which instructs the person with whom the child is living to allow another person to visit the child, have the child to visit or stay with him or her, or have contact by letter or telephone. 11. Where a court is satisfied that it serves the child's welfare to do so, it can make a care order which gives parental responsibility to a local authority. In such circumstances, the local authority has a duty to consult the parents about (for 2 example) which school the child should attend, as they continue to share parental responsibility; but it is for the local authority to decide what is in the child's best interests. WHAT SCHOOLS SHOULD DO General principle 12. Everyone who is a parent, as defined above, has a right to participate in decisions about a child's education; even though, for day to day purposes, the school's main contact is likely to be a parent with whom the child lives on school days. School and LEA staff must treat all parents equally, unless there is a court order limiting an individual's exercise of parental responsibility. Individuals who have parental responsibility for, or care of, a child have the same rights as natural parents, for example: to receive information from the school (e.g. copies of the governors' annual report, pupil reports and attendance records); to participate in activities (e.g. vote in elections for parent governors); to be asked to give consent (e.g. to the child taking part in extra-curricular activities); to be told about meetings involving the child (e.g. a governors' meeting on the child's exclusion). Administration 13. It follows from this that head teachers should ask parents or guardians the names and addresses of all parents when they register a pupil. These details, where known, must be included in the admission register. They should also be included in manuscript or computerised pupil records (which need to be kept up to date) and be available to the pupil's teachers. The information should be forwarded to any school to which the pupil moves. 14. Details of court orders should also be noted in a pupil's record. Such information will be necessary when decisions need to be made about who can give parental permission for a school visit, or be contacted if the child is ill, as well as what to do in more difficult situations - for example, if a parent, rather than a fosterparent, comes to collect a child in local authority care from school. 15. Problems can arise following the break down of a marriage in relation to the surname by which a child is known. A mother with whom a child resides following divorce may ask the school to change the child's name in its records, perhaps to her maiden name. The basic legal position, however, is that she is not allowed to change the child's surname without the consent of the father or of anyone else who has parental responsibility for the child. In such circumstances, a school should be cautious about making such a change in its records unless there is evidence - independent of the parent seeking to make the change - that consent has been given. The clearest evidence would, of course, be something in writing from the 'other parent' giving consent to the change. SAM Appendix 3 3 Provision of information to parents 16. In cases where the school does not know the whereabouts of a parent with whom the pupil does not live - referred to here as a 'non-resident' parent - it should make the resident parent aware that the non-resident parent is entitled to be involved in the child's education; and request that information is passed on to the non-resident parent. If, in extreme cases, the resident parent refuses to share information with the non-resident parent and also refuses to provide contact details so that the school can deal directly with the non-resident parent, the school can do nothing more. It would clearly be unreasonable to expect schools to expend resources searching for non-resident parents. However, if the non-resident parent subsequently contacts the school and requests access to information, the school should provide it to that parent direct - after taking reasonable steps to satisfy itself that the individual is, in fact, the child's parent. Obtaining parental consent 17. Schools may be uncertain about the lengths to which they should go to seek parental consent in relation to extracurricular activities, school trips, and the like. Unless either the decision is likely to have a long term and significant impact on the child or the non-resident parent has informed the school that he wishes to be approached for consent in all such cases, there should be no difficulty with the school seeking consent just from the resident parent. 18. In cases where the school considers it necessary to seek consent from both parents, it is possible that one gives consent and the other withholds it. This puts the school in a difficult situation, as the last thing it will want is to be placed in a position where it has to arbitrate between parents who are at odds with each other; but, nevertheless, a decision must be made. The safer decision would be to take the view that parental consent has not been given to the child undertaking the activity in question. Such an approach safeguards the position of the school, ensuring that it is not exposed to any potential civil liability if (for example) the child is injured while on the school trip. 19. If challenged in such a case by the parent who was happy to give consent, the school should explain that, because the other parent has explicitly asked to be consulted separately, it is obliged to treat the views of both parents equally. It is not taking sides but needs to protect itself against possible legal action. The school might want to suggest that the parent seeks independent legal advice about obtaining a court order setting out exactly what decisions each parent can make in respect of the child. 20. Schools are also uncertain sometimes about the position where a child has an accident and consent may be needed for emergency medical treatment. The Children Act provision that people who do not have parental responsibility but nonetheless have care of a child may "do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child's welfare" applies in such cases. It would clearly be reasonable for the school to take a child who needs to have a wound stitched up to hospital, but the parents - including any non-resident parent who has asked to be kept informed of events involving the child - should be informed as soon as possible. If, however, any decision needs to be made about alternative types of treatment, the hospital will need to discuss options with the parents. Schools will clearly not want to take responsibility for making decisions in relation to elective surgery and it is very unlikely that hospitals would want them to do so. 4 Conclusion 21. The welfare of the particular child will be the paramount consideration for schools. Situations will arise from time to time, however, where a parent's action or proposed action conflicts with the school's ability to act in the best interests of the child. In such cases, school staff should try to resolve the problem with that parent but should avoid becoming involved in any conflict. SAM Appendix 3 5 Appendix 4 Protocol for Fixed Penalty Notices Background The Anti-social Behaviour Act 2003 2 extends existing legislation 3 by introducing penalty notices as an alternative to prosecution for parents who fail to ensure that their child attends school regularly. It also enables parents to discharge their liability to conviction for that offence by paying a penalty. These Penalty Notices are available for use in all cases of unauthorised absence from school and the only defence(s) in law against an offence being committed replicate(s) those already in place for enforcement actions, namely: The pupil’s absence was authorised by the school The pupil was ill or prevented from attending by any unavoidable cause The absence was on a day exclusively set aside for religious observance by the religious body to which the parent belongs The school is not within walking distance of the child’s home and the LA has made no suitable arrangements for o the child’s transport to and from school o boarding accommodation at or near the school o enabling the child to attend a school nearer their home The parent can show that their trade or business requires them to travel, and the child has attended school as regularly as the nature of the trade or business allows and the child has attended school for at least 200 sessions in the preceding 12 months. Penalty Notices are intended to be used as an early intervention strategy in order to deter patterns of unauthorised absence. They do not replace the use of wider powers under the Education Act 1996. They are suitable for use when there is a realistic expectation that the parent can cause an improvement in a child’s attendance or in circumstances where a parent is not co-operating with measures being offered or recommended. Circumstances in which a Penalty Notice may be issued A Penalty Notice may be an appropriate intervention in circumstances where: 2 3 There is parentally condoned truancy The parent is judged to be capable of ensuring the regular attendance of their child but is not willing to take responsibility for doing so Unauthorised holidays are taken in term time There is excessive delayed return from extended holidays without authorisation There is persistent late arrival (after the register has closed and an unauthorised absence is created) Subsection(1) section 23 Education Act 1996, section 444 Criteria for the issue of Penalty Notices To ensure consistent delivery within Bracknell Forest, the following criteria will apply: At least 10 sessions (equivalent to five school days) of unauthorised absence by the pupil during the current school term, or 20 sessions (ten school days) in the previous 4 months Other than in specific circumstances 4 , the parent will receive a formal warning of the possibility of a Penalty Notice being issued and given 15 school days to affect improvement. Within the 15 day period, further unauthorised absence will trigger the issue of a notice without warning. No more than two Penalty Notices will be issued per pupil per academic year 5 The LA will receive requests to issue Penalty Notices through liaison with schools and by request from Thames Valley Police and/or neighbouring LAs. These requests will be actioned providing that: All information deemed necessary by Bracknell Forest LA is provided in the specified manner The circumstances of the pupil’s absence meets all the requirements set out in this protocol The issue of a Penalty Notice does not conflict with other intervention strategies in place or other enforcement sanctions already being processed. Where all of the criteria are met, Bracknell Forest LA will: Issue a formal written warning to the parent stating that the issue of a Penalty Notice is a possibility; setting a period of 30 sessions (15 school days) during which the pupil must have no unauthorised absence 6 Issue a Penalty Notice if this condition is not met. Procedure for issuing Penalty Notices Penalty Notices will be issued by Bracknell Forest LA and not by individual headteachers or Thames Valley Police. The Penalty Notice will be issued by post and not in person or as an ‘on the spot’ action. Penalty Notices may be issued to parents of children of compulsory school age who are registered at a maintained school or a pupil referral unit. 4 The deliberate taking of holiday in term time without/against school permission where it can clearly be demonstrated that the parent understood that permission would not have been granted and where this has created a period of unauthorised absence of at least 10 sessions in the current term. 5 In circumstances where the criteria for issuing a Penalty Notice are met more frequently a prosecution will be appropriate. 6 In exceptional circumstances, the LEA reserves the right to issue a Penalty Notice for a first offence 2 Withdrawal of Penalty Notices A Penalty Notice, once issued, can only be withdrawn in the following circumstances: When it ought not to have been issued, i.e. where it has been issued outside of the terms set out in this protocol, or where no offence has been committed Where it has been issued to the wrong person Payment of Penalty Notices The penalty is £50 if paid within 28 days of receipt 7 of the notice, rising to £100 if paid after 28 days but within 42 days of receipt. If the penalty is not paid at the end of the 42 day period, Bracknell Forest LA will either prosecute for the offence to which the notice applies or (in the limited circumstances described above) withdraw the notice. Non payment of a Penalty Notice will trigger prosecution under the provisions of the Education Act 1996 Section 444. Any prosecution will not be for non payment of the Penalty Notice but the fact that a Penalty Notice has been issued and unpaid will be used as evidence in the prosecution. All revenue received will be retained by Bracknell Forest LA in order to cover the costs of issuing Penalty Notices and prosecuting in event of non payment. 7 A notice served by post is deemed to have been received on the second day after posting it by first class post. SAM Appendix 4 3 4 Appendix 5 FAST TRACK TO PROSECUTION GUIDANCE Background The Fast Track to Prosecution Framework is a time-focused model of best practice, which concentrates on early intervention in cases of persistent non-attendance and aims to ensure a faster more effective approach to the implementation of strategies to tackle this behaviour and the underlying causes. 8 . Where the parents/carers 9 fail to bring about the necessary improvement legal proceeding is initiated. In summary, the aims and objectives of the framework are to: ensure the intervention strategies are put into place early to tackle school attendance problems ensure parents who fail to cooperate or are unwilling to work with the school/LA are identified sooner and action taken to make sure they take responsibility for their child’s school attendance bring consistency across LAs to the prosecution process while still enabling local decisions 10 . Referral Schools should have in place arrangements for contact with parents in respect of both a pupil’s absence from school and any late arrival at school. It is important for schools to carry out its pre-referral work before any referral to the Education Welfare Service. The LA recommends that all schools operate a ‘first day response’ strategy, with appropriate follow-up action where there is a concern. The work could include monitoring of the attendance, telephone calls or letters to parents, meeting with parents and target setting with the pupil. On receipt of a referral, the team leader will allocate the case with recommendations of the actions to follow which, in the majority of cases, will be to implement the Fast Track process. Criteria for Fast Track The pupil being considered for Fast Track should 8 have an attendance rate of 85% or less within the previous 3 months have unauthorised absences of 10 sessions or more not be ‘looked after’ by the Local Authority have had pre-referral work undertaken by the school. Ensuring Regular School Attendance, DfE Hereafter referred to as parents 10 Evaluation of Fast Track to Prosecution for Non-Attendance, DfE Research Report RR567 SAM Appendix 5 1 9 Action On receipt of referral the EWO contacts parents and arranges to meet with them. The purpose of this meeting is to make an informal assessment and to ascertain if there are any reasons why the Fast Track process should not be followed. When this assessment meeting has been arranged, the EWO and head of year/house will agree a date and time (duration of 30 minutes) for the Fast Track meeting to take place in school. This meeting will be with the pupil and his/her parents to take place the week following EWO assessment meeting with parents. During the assessment meeting the EWO gives an information leaflet (Annex 1) and meeting invitation letter (Annex 2) to parents, ensuring 4/5 days notice prior to date of meeting in school. If the EWO, after the initial meeting and assessment has reason to believe the Fast Track process should not be implemented then the EWO must speak with the Team Leader immediately or at the earliest opportunity. EWO prepares information for the Fast Track meeting: 3 copies of attendance record (print-out) notes of meeting pro-forma monitoring form pro-forma for parenting contract. Defence against legal action It is not possible to prosecute parents in cases where the absence would be covered by defence(s) in law against an offence being committed, namely: the pupil’s absence was authorised by the school the pupil was ill or prevented from attending by any unavoidable cause the absence was on a day exclusively set aside for religious observance by the religious body to which the parent belongs the school is not within walking distance of the child’s home and the LEA has not made suitable arrangements the parents can show that their trade or business requires them to travel, and the child has attended school as regularly as the nature of the trade or business allows and the child has attended school for at least 200 sessions in the preceding 12 months. The initial Meeting The EWO takes responsibility for and chairs the meeting. If there are concerns about doing this there should be a discussion with the Team Leader. The following should be covered in discussion: explain reason for meeting explain requirement to attend school regularly and Fast Track framework explain defences against legal action give parents and pupil copies of attendance record ask head of year/house about school’s intervention seek parents and pupil’s views of absences do parents and pupil accept that 93% attendance can be attained? agree support to bring about required improvement 2 - what will parent do? - what will pupil do? - what will EWO/head of year/house do? - is there anyone else whom may be able to help? inform parent that illness (being a defence in law) should be covered by medical certificate (LA cannot enter into any discussions about charges) remind parent that if there are more than four absences (2 days) prior to the six week review and if they are not covered by medical evidence, legal proceedings will commence explain that school will not simply authorise absences on receipt of a note or telephone call agree parenting contract (Annex 3) make arrangements for the six week review. Parenting Contract EWO explains to parents that the parenting contract is not a legally binding document. It is a tool to help the parents and pupil to recognise the seriousness of the situation and to support them in bringing about the necessary change. However, if the parent does not co-operate and support an improvement in their child’s attendance the LA could apply for a Parenting Order in the Magistrate’s Court. If it is necessary to apply for a PO the contract or refusal to sign the contract would be cited. The parenting contract pro-forma is to be completed and by the EWO or head of year/house and signed by the parent and EWO/head of year/house. A period of six months (not including holidays) is recommended for the contract. It is then copied and a copy given to the parents. Authorising of Absences It is vitality important that during this process the school does not authorise an absence unless it is covered by a medical certificate or an exceptional circumstance e.g. the death of a family member. Ensure that parents understand this. Case File A copy of all the above information is to be put on the case file and the information entered on the Fast Track database. Reviews Arrangements should be made for the six week review. This review could be in the form of another meeting or a paper exercise. The decision about the format should be dependant on the nature of the support planned for the pupil. For example, if it has been agreed that the EWO will see the pupil each week, either individually or in a group, then a review meeting would be appropriate. If the agreement was that the parent was going to provide all the support and the targets have been met than whilst it is good to meet and say ‘well done’ it could be more appropriate to telephone the parents and ask whether or not they want to meet for a review as the target has been met. If parents do not wish to meet the six week letter 2 should be sent with a copy of the up-to-date attendance record. Copies of all of these are to be put on the case file with a note of your telephone call. The data is updated as at initial meeting. At the review meeting the decision is made whether to continue to monitor (if target has been met) or to seek advice about prosecution (target not met). SAM Appendix 5 3 If the target has been met the EWO sends six-week letter 2 (Annex 4) as above. The attendance is then monitored for a further 6 weeks. At the 12- week review (decision about format as above) the EWO will either send the twelve-week (Annex 5) or proceed as for prosecution. Data is updated as above. If the target has been met, it is recommended that the contract continues to the end of the 6 months and the EWO monitors the case for a further 4 weeks; if there is no cause for concern the case is closed and school informed with a copy of the closing summary. Prosecution If target has not been met, EWO completes monitoring form immediately and gives to the Team Leader who will make decision about prosecution. Unless there are sound reasons of mitigation from the parents, absences will lead to a prosecution. A quick response will be given to the EWO and when the decision is to prosecute the EWO will prepare the papers. This must be done within a week. In preparing the prosecution papers the EWO will ensure that the period of absence goes back no further than 5 months. The EWO will ensure that copies of all the information is on the case file and that the data has been updated. The EWO then submits the case file and completed prosecution papers to the Team Leader who, after perusal, will give the papers to the C&FM for instructions to be sent to the legal department. The legal department will issue the summons and arrange for it to be served on the parent. The solicitor will write to C&FM with date of hearing and copy the letter to the EWO. The EWO will inform the Team Leader. Following the hearing the solicitor writes to the C&FM with the outcome of the case. A copy is sent to the EWO which the EWO should copy to the school. The EWO will inform the Team Leader. After the prosecution Whatever the outcome of the case, good attendance at school is expected after the prosecution. The EWO will seek advice from the Team Leader about future work with the family and liaise with the school. 4 Annex 1 Parent/Carer leaflet text EDUCATION WELFARE SERVICE FAST TRACK TO PROSECUTION Updated October 2011 INTRODUCTION SAM Appendix 5 5 This leaflet is intended for parents and/or carers (hereafter referred to as parents) who are brought into the Fast Track to Prosecution Scheme due to non/poor attendance of a pupil at school. The leaflet is intended as a guide to the law issued by the Children, Young People and Learning Department, and does not have legal force. The aim of Fast Track is to ensure that schools and the Education Welfare Service deal with attendance cases quickly and in the most effective way to get the pupil back into school. The Fast Track framework promotes early intervention and aims to ensure that appropriate action is taken to tackle non-attendance as soon as attendance problems become apparent. Fast Track involves engaging the parent and specifying what improvements need to be made over a fixed time-frame (usually 12 weeks). Parents have the responsibility for ensuring that their child attends school regularly. (Section 444(1) of the Education Act 1996) Where a parent fails in this responsibility and no improvement is brought about within the specified time frame, legal proceedings are initiated in the Magistrates Court. THE FAST TRACK PROCESS Schools identify pupils with attendance below agreed criteria. (Usually those with attendance of 85% and below, with at least ten unauthorised absences) The Education Welfare Service writes to the parents of the identified pupil inviting them to attend a meeting in school. This is a relatively formal letter in that it stipulates the legal implications/responsibilities in respect of their child’s absence from school. If the parents fail to attend the meeting, legal proceedings may be initiated without further warning. AT THE MEETING: Parents are advised that legal action can be instigated at this time. However, if the pupil and parents will agree to address the poor attendance immediately, the prosecution can be deferred for 12 weeks. They then have the opportunity to give reasons for the poor attendance. The school will attempt to resolve any school based issues raised. The only statutory defences to the offence under Section 444(1) Education Act 1996 are: The child was absent due to medical reasons The LEA failed to provide transport when required to do so The absences were due to Religious Observance The absences were ‘authorised by the school’, or due to an unavoidable cause. Pupil and parents are informed that the pupil must attend in excess of 93% during the 12-week period. Pupil and parents are then asked to sign an acknowledgment that they are participating in Fast track AFTER SIX WEEKS: 6 The pupil’s attendance is checked. If this shows the appropriate improvement, the parents will be informed by letter. If however, there are more than four half-day absences then legal action will be commenced. ON COMPLETION OF TWELVE WEEKS: The pupil’s attendance is again checked. If the attendance has improved to meet the Fast Track criteria of 93%, parents will be informed of this in writing. If however, there are eight or more absences during the 12 week period legal action will be commenced. Following an improvement and a decision not to proceed to court, if the pupil’s attendance subsequently deteriorates, the school will re-refer to the Education Welfare Officer who, after making due enquiries, may instigate legal action. Your child missing school can: Disrupt their own learning opportunities and that of other pupils Affect friendship patterns with peers Encourage disaffection and harm longer term prospects Your child must not be away from school: To look after brothers or sisters To visit relatives To mind the house To have a long weekend To go on a shopping trip To celebrate a birthday or special occasion Family holidays should not be taken in term time as they: Disrupt your child’s learning pattern Can affect examination and test results Could lead to a Penalty Notice or legal action being taken against you SCHOOL LEAVING AGE A young person reaches the end of compulsory school age on the last Friday in June in the school year during which he/she becomes 16. Although your child will be issued with a National Insurance Number, several months prior to this date, he/she is not able to leave school and take up employment until then. FURTHER INFORMATION Useful information is available from: www.education.gov.uk, where there is specific information for parents Children’s Legal Centre, Tel 0845 3454345, www.childrenslegalcentre.com If you wish to contact the Education Welfare Officer for your child’s school you may do so by leaving a message for him/her at the school. Alternatively please contact the Education Welfare Office as detailed below. Education Welfare Service Children, Young People & Learning 7 Portman Close Bracknell RG12 1NE SAM Appendix 5 telephone 01344 4647 7 Annex 2 Invitation to meeting letter Addressee Date: 27/07/2012 Our Ref: Dear RE: Pupil's Name D.O.B. A referral has been received from School concerning Pupil’s poor attendance at the school. I have to inform you that Pupil now has an attendance rate below 85% and some of the absences recorded are ‘unauthorised’. Under the 1996 Education Act, all parents are required to ensure that a child of compulsory school age receives efficient full-time education suitable to their age, ability, aptitude and any special education needs they may have. Under Section 444 of the Act, a criminal offence is committed if a registered pupil does not attend school regularly. TAKE NOTICE that the Local Authority considers that you have been guilty of a breach of the law in that you have failed to ensure that your child attends school both regularly and punctually in accordance with the requirements of the Education Act 1996. In view of this you have made yourself liable to be summoned before a Magistrates' Court for the alleged offence. Disposals available to the Court would include a fine of up to £2,500, a Community Punishment Order, imprisonment or a Parenting Order. A Parenting Order would involve attendance at a course of parenting classes and/or various other conditions imposed by the Court. In order to explore an alternative to legal proceedings, you and Pupil are invited to a meeting to be held School Date Time Please send Name to school on Date and the head of year will arrange for him/her to be taken out of class for the meeting. Should you fail to attend the meeting, legal action will be commenced without further notification. I must therefore urge you to contact me without delay to confirm that you will be attending. SAM Appendix 5 8 Yours sincerely Education Welfare Officer Education Welfare Service 01344 4647Ex Cc: Head of Year SAM Appendix 5 9 Failure to attend letter Addressee Date: 27/07/2012 Our Ref: Initials Dear Addressee RE Pupil's Name DOB I wish to inform you that as you failed to attend, or to notify the EWO, Name of EWO, of your non-attendance at the meeting on Date in order to discuss Pupil's Name poor school attendance, I therefore have to submit your case for consideration of legal proceedings in the Magistrates Court. If you wish to work with the LA and the School to improve Pupil's Name attendance and to avoid legal action please contact EWO's Name, details as follows : Date: Time: Place: I must remind you that failure to attend may result in prosecution in the Magistrates Court. Yours sincerely Marianne Paul Team Leader Education Welfare Service 01344 464722 SAM Appendix 5 10 Annex 3 PARENTING CONTRACT This parenting contract is a formal agreement between: Name of Parent ……………………………………………………………………. and ……………………………………………….......................................................... on behalf of LA/School* arising from the poor/non-attendance of name of pupil: …………………………………………………………………… at name of school/college ……………………………………………………………. In order to try to address the issues identified, I being a parent of the above named pupil, will, during the next …………. months: ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… In order to support the parents/pupil as above, the LA will: ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… In order to support the parents/pupil as above, school/college will: ………………………………………………………………………………………… ………………………………………………………………………………………… Signed……………………………….…….and…….…………………………..Parents (Print Names)……………………………………………………………………….. Signed ……………………………………..EWO…………………………….. School (Print Names………………………………………………………………………….. Dated ……………………………….. Dated ……………………………….. SAM Appendix 5 11 1. Entering into a parenting contract is voluntary. The parent cannot be compelled to enter into a parenting contract if they do not wish to do so. Equally, there is no obligation on the LA or governing body to offer a parenting contract in cases of non-attendance. 2. Parenting contracts will often be used as a useful tool in focusing on the issues behind non-attendance and in developing a productive relationship with parents to address these issues. 3. The LEA or governing body should be responsive to the needs of the parent in deciding what type of support they will provide. 4. Failure to comply with this parenting contract cannot lead to action for breach of contract or for civil damages. There is no direct sanction for a parent’s failure to comply with or refusal to sign a parenting contract. However, if the pupil’s irregular attendance continues or escalates to such a level where prosecution is deemed appropriate, this should be presented as evidence in the case. 5. A parenting contract can be entered into by any person deemed to be a parent as defined by section 576 of the Education Act 1996, with the exception of local authorities who have parental responsibility as a result of a care order. 6. A parenting contract can be used in conjunction with any other support plan and is not intended to replace these. 7. It is important for the contract to state what the parent will do to ensure that the pupil attends school 12 Annex 4 Six week letter Addressee 27 July 2012 Our Ref: Dear Re: Pupil name DOB: Following the six week review of Pupil’s attendance I note that his/her attendance has reached the target of 93% during this period. I am therefore pleased to inform you that Pupil’s attendance will be monitored for a further 6 weeks and that I will write to you again at that time. However, I would remind you that should the attendance deteriorate during this period legal proceedings may be instigated against you. I am hopeful however, that this significant improvement will be sustained and I congratulate you and Pupil on your considerable efforts so far. Yours sincerely Marianne Paul Team Leader Education Welfare Service 01344 464722 SAM Appendix 5 13 Annex 5 Twelve week letter Addressee Date: 27 July 2012 Our Ref: Initials Dear Addressee RE Pupil's Name Following the 12 week review of pupil’s attendance I am pleased to report that he/she has continued to attain the target of 93%, see attendance print out attached. Therefore I am able to tell you that legal proceedings are no longer being considered at this time. However, I would advise that should your child's attendance deteriorate then legal proceedings may be instigated against you. My congratulations to you and pupil on improving the attendance and avoiding legal action. Yours sincerely Marianne Paul Team Leader Education Welfare Service 01344 464722 Enc SAM Appendix 5 14 Appendix 6 MODEL SCHOOL ATTENDANCE POLICY [OUR SCHOOL] ATTENDANCE POLICY Date: [MONTH 2011] 1. INTRODUCTION Why do we need a policy? “Our school” fully recognises its responsibilities to ensure pupils are in school and on time and therefore having access to learning for the maximum number of days and hours. Every lesson counts! Who does the policy apply to? Our policy applies to all children and young people registered at this school and is therefore shared with parents/carers and pupils on admission to the school. In law compulsory school age applies to all children from the start of the term commencing on or after the child’s 5th birthday, until the last Friday in June during the academic year that the young person becomes 16. How has the policy been developed? It has been underpinned by the principles established in the relevant Children Acts, Education Acts, Regulations and Guidance from both the DfES and the Local Authority. What does the policy do? Although parents have the legal responsibility for ensuring their child’s attendance, the governors and staff at this school will work together with other professionals and agencies to ensure pupils are encouraged and supported. Procedures in this policy will ensure that this happens and that children do not slip through the net. Why is the policy important? Every day of education and indeed every lesson matters. In the National Curriculum where there is built in progression, children who are persistently late or absent soon get behind with work and then do not understand current lessons when they return. The introduction to a lesson and to the school day is crucial to the child’s understanding of their own learning. Children who miss school frequently will undoubtedly have gaps in their learning which will impede their progress and future ability to engage in lessons. This in turn has a knock on effect for their ability to concentrate and for their behaviour. Children who do not understand the lesson will frequently behave inappropriately to cover their inability to engage with the work. Frequent absence has a profound and cumulative effect on achievement. 2. AIMS AND OBJECTIVES This policy ensures that all staff in our school are fully aware and clear about the actions necessary to promote good attendance. What should we do to maintain good attendance and punctuality by our pupils? Raise awareness of attendance and punctuality issues among all staff, parents and pupils. Ensure that parents have an understanding of the responsibility placed on them for making sure their child attends regularly and on time by setting out their obligation in the school brochure and home school agreement. Equip children/young people with the skills needed to take responsibility for school attendance and punctuality appropriate to their age and development Maintain clear effective communication channels on school attendance matters Develop and implement procedures for identifying, reporting and following up cases of poor attendance and lateness Support pupils who have been experiencing any difficulties at home or at school which are preventing good attendance Develop and implement procedures to follow up non attendance in school Establish a safe environment which demonstrates that every child matters and where children/young people can: be healthy stay safe enjoy and achieve make a positive contribution achieve economic well being 3. PROCEDURES a) Our School will undertake to follow the procedures set out in this policy below. To maintain appropriate registration processes To maintain appropriate attendance data To communicate clearly the attendance procedure and expectations of the school to all staff, parents and pupils To have consistent and systematic daily records which give detail of any absence and lateness To follow up all absences and lateness if parents/carers have not communicated with the school on the first day To discuss with parents what constitutes authorised and unauthorised absence (only the school can authorise absences, not parents) To strongly discourage unnecessary absence through holidays taken in term time To work with parents to improve attendance and punctuality To refer to the education welfare service any child whose family fails to respond to school initiatives to improve To report attendance statistics to the DfE and LA as required The Governing Body understands and will fulfil its responsibilities and may appoint a nominated governor or panel of governors for attendance issues 2 b) All staff should be aware that they must report any attendance or punctuality concerns to named person in your school, probably attendance officer. Advice can be sought from the LA when necessary If a pupil on the child protection register is absent for two days without explanation their social worker is notified. If a pupil is in public care (LAC) the carer, social worker and education coordinator will be involved appropriately. (see section on LAC) The process for implementing these procedures in this school are set out below Here your school is invited to write in detail about what actually happens in your school to make sure the above procedures are carried out efficiently. It should include information specific to this school , eg the time considered late and what children do if they are late. Have a look at this check list and state how it is to be done and who has responsibility for it in your school. What time does school start? What time does the bell go for each year groups of pupils? Whose responsibility is it to register the pupils? When are the registers actually marked? How long are registers kept open? What are the arrangements for pupils arriving after registration? What is considered “late” and who records the late arrivals? How are “medical” late arrivals recorded? Who has responsibility for entering the data electronically and when is this done? Who collects and updates the information? What action is taken by school in response to lateness? What action is taken by the school in response to unauthorised absence? What action is taken if there is absence of a child and no parental notification? Who takes responsibility for first day alerts/ responses? Who follows up absence issues which persist? What should a parent do after a period of illness when the child is ready to return to school. How are holiday requests processed in this school? Where can information about attendance and holiday absence be found? What are the trigger factors on a child’s attendance record which initiate school action? Are there any standard letters which are used in such circumstances and whose responsibility is it to send them out? What pre referral work should be carried out in school before referral to the EWS? Whose responsibility is this and how is it recorded? How are parents kept informed about attendance or punctuality issues? What sanctions can be used for poor attendance or punctuality? What rewards can be given to encourage those with good attendance and punctuality? Are there any particular attendance/punctuality issues which are specific to this school which should be documented? How is success in attendance to be celebrated / acknowledged in school? SAM Appendix 6 3 4 Appendix 7 CHANGING PUPIL NAMES ON SCHOOL RECORDS Introduction Throughout the year, schools receive requests from parents to change the name(s) of their child(ren) on the school register. These requests will often appear to be well thought through. Changing a child’s name however, should not be done lightly. The name is an important determiner of identity and the best, long term, interests of the child should not be overlooked. To apply a consistent response within Bracknell Forest, and to remove some of the pressure that school staff can be put under, any request for such a change should be directed to the department’s school admission team at Seymour House (telephone 01344 354023). A change of a child’s name should not be administered in school. It may be, nevertheless, useful for all those working with children and families to have an understanding of some of the complexities of this issue. Requests to change names on school records Any parent who proposes to change a child’s name will be asked to produce the relevant consent or documentation as outlined below before the admissions officer agrees to change the name of the child in the school records or allows the child to be known by a new name within the school. In cases where a child is starting at the school and where there is evidence to suspect the surname is being changed, the officer should satisfy her/himself that the parent requesting a change is the sole person with Parental Responsibility (see Annex) for the child or that all people with Parental Responsibility consent. In all cases, if the person requesting the change is not the sole person with Parental Responsibility, the officer will request proof that all people with Parental Responsibility for the child are both aware of the proposed change and consent to it. If this evidence cannot be produced the proposed change of surname will be refused until such evidence is available. If no evidence can be produced the name should remain unchanged. SAM Appendix 7 1 Who can change a child’s surname? This depends on who has Parental Responsibility for the child: (a) If only one person has Parental Responsibility Where only one person has Parental Responsibility for a child that parent may change the surname without any permission or consent being necessary. The usual circumstances for this would be: In the case of a surviving parent after the death of the other The mother, where the parents were not married at the time of the child’s birth and where either: (I) (II) the father did not register as such under the Births and Deaths Registration Act 1953; or the father has not obtained a Parental Responsibility Order from the Court or entered into a Parental Responsibility agreement with the mother. It follows that this prohibits a divorced or separated mother from changing her child’s name to either her maiden name if the mother wishes to revert to it or the name of a new partner or to another unconnected assumed name which is neither her maiden name or a partner’s name without the father’s consent or leave of the Court if she is not the only person with Parental Responsibility for the child. (b) If there is than one person with Parental Responsibility Where two (and in some cases more than two people) have Parental Responsibility for a child, then the surname can only be changed if all the people with Parental Responsibility agree or consent to the change. The Agreement need not be in writing except in the circumstances set out in (c) below. Where all people with Parental Responsibility agree to act together they have an absolute right to change a child’s name including their first name. They have the right to name and rename the child. A change can be achieved by merely abandoning an old name and assuming a new one. There is no requirement that the name be changed by Deed Poll, as a Deed Poll is merely evidence of an intention to change a name. However, it would be sensible to use a Deed Poll for proving the change and avoiding confusion. Parents should be advised that examination certificates issued in a name other than that which is on the Birth Certificate poses challenges for young people seeking to authenticate their qualifications. This will particularly apply if seeking entrance to the Police, Military or Public and Civil Service type posts. It also causes difficulties in applying for documents such as passports, driving licences etc. where a birth certificate is requested as part of the process of proving identity. 2 (c) The effect of a Care Order or Residence Order Where two or more people have Parental Responsibility for a child and either a Residence Order or a Care Order is in place, then one person with Parental Responsibility cannot change the surname unless all with Parental Responsibility consent in writing or the leave of the Court is obtained. This is because of the requirements in Sections 13(1) and 33(7) of the Children Act 1989. This is so that any person with the benefit of a Residence Order or a Local Authority with a Care Order in respect of a child does not unilaterally change a child’s name. It is also to some extent recognition of the limits of a Care and Residence Order. What happens if there is a dispute between those with Parental Responsibility? Recent case law has clearly stated that a dispute about a name change should come before the Courts. When a Residence Order is in force any change of surname should go before the Court under Section 13 of the Children Act 1989. Where there is no Residence Order in force, an application must be made under Section 8 of the Children Act for a Specific Issue Order. To challenge a change (or proposed change) of surname an Order under Section 8 requesting a Prohibited Steps Order should be sought. The above apply regardless of whether the father has Parental Responsibility or not. Adopted Children Adoption extinguishes the child’s birth parents Parental Responsibility and invests by way of an absolute transfer all their Parental Responsibility to the adoptive parents. Adoptive parents have an absolute right to change the child’s name to their own without the consent of any other individual or reference to the Court. Relevant Documentation (a) Deed Poll A Deed Poll is merely evidence of an intention to change a name. It does not by itself constitute proof that the change of name is either authorised or lawful. (b) A Birth Certificate A birth certificate is not conclusive proof, in itself, that the child only has one parent with Parental Responsibility: the father could have obtained Parental Responsibility by a Parental Responsibility Agreement, Parental Responsibility Order or marriage to the mother after the birth was registered (c) The documentation that legally changes a child’s surname No document is required if only one parent has Parental Responsibility or both parents consent. If there is more than one person with Parental Responsibility then all should consent orally or in writing. SAM Appendix 7 3 If there is disagreement between those with Parental Responsibility to the change of name, the change should not occur without a Court Order. Domestic Violence In cases of a family fleeing domestic violence and where no proof of consent can be produced, legal advice should be taken. A decision will need to be made on an individual basis in light of all the known circumstances of the case and with the welfare of the child and the safety of the vulnerable parent (to a lesser extent) central to the decision. GK/CP/Name Change/October 2006 4 Annex The Full List of People with Parental Responsibility Mother Always S2(1) and (2) Children Act 1989 Father The father has parental responsibility if: (a) he and mother were married or deemed to have been married at time of the child’s birth: S2(1). (b) unmarried but name registered on the Birth Certificate after 1 December 2003: S4(1)(a) Children Act 1989. (c) unmarried and entered into a Parental Responsibility Agreement with the mother: S4(1)(b) Children Act 1989. (d) unmarried and obtained a Court Order for Parental Responsibility: S4(1)(c) Children Act 1989. (e) unmarried and obtained a Residence Order under Section 12(1) Children Act 1989. (f) he is appointed by the Court when no one else has parental responsibility or a parent or guardian with a Residence Order died while the order was in force: S5(1) Step Parent A step-parent has parental responsibility if: (a) he/she has entered into a parental responsibility agreement with each parent who has parental responsibility under Section 4(a). (b) he/she has obtained a Court Order for parental responsibilities: S4(A). Guardian A Guardian has parental responsibility if: (a) he was appointed by a parent or guardian who died while they have a Residence order in their favour: S5(7)(b) Children Act 1989 (b) he was appointed by a parent or guardian who died leaving no other parent or guardian with parental responsibility: S5(7)(a) Children Act 1989. Special Guardian If there is a Special Guardianship Order in force: S14A Children Act 1989. Local Authority The Local Authority has parental responsibility if: (a) there is a Care Order (or an Interim Care Order) in force: S33(3) Children Act 1989 (b) there is an Emergency Protection Order in place (but only for the duration of the Order): S44(4)(c) Children Act 1989. SAM Appendix 7 5 Application for Adoption Adoptive parents have parental responsibility if (a) On the making of an Adoption Order: S46 Adoption and Children Act 2002. (b) On an Adoption Agency placing a child with applicant for adoption: S25 Adoption and Children Act 2002. (c) On an application for an overseas adoption: S84 Adoption and Children Act 2002. Adoption Agency: Agency authorised to place for adoption by consent or placement order made under S25 Adoption and Children Act 2002. Surrogacy Commissioning parent: If they obtain a Parental Responsibility Order under S30 of the Human Fertilisation and Embryology Act 1990. Any Other Person If they obtain a Residence Order under S12(2). 6 Appendix 8 REQUEST FOR ABSENCE FROM SCHOOL School Logo All schools, and the Local Authority in Bracknell Forest strongly discourage absence from school during term time. Except in the most exceptional circumstances, parents should not to take their children out of school for holidays in term time. In these exceptional circumstances, the authorisation of the Headteacher is required. Parents should not assume that the Headteacher will grant a request for holiday in term time and thereby authorise the absence. When the Headteacher receives a request for term time holidays, a meeting will be arranged to discuss this with the parents/carers. At the Headteacher’s discretion, authorisation may be given. Please see the notes overleaf before completing this form. To arrange to discuss any request with your child’s Headteacher please complete the details below and give it in at the school office. ------------------------------------------------------------------------------------------------------Name of pupil: Class/tutor group: Date(s) of intended absence: Reason for absence: Signed: Parent/carer Date: For office use Please attach a copy of the pupil’s attendance register before passing to Headteacher Authorised/not authorised Signed: Headteacher Date: SAM Appendix 8 1 Authorised and Unauthorised absence The power to authorise absence rests entirely with the Headteacher of the school. Parents/carers cannot authorise absence. There are a limited number of circumstances in which is is acceptable for a child to miss school. These include when your child is too unwell to attend school (in which case you should follow the school’s procedures for notifying illness) and when the absence has been authorised by the school in advance. Authorisation for absence should be requested as far in advance as possible. Children and young people may need to attend medical or dental appointments during school time, however, you should try to make routine appointments such as dental check-ups during the school holidays or after school hours. Reasons such as a close family bereavement or religious observance would be acceptable for short periods of time. Unacceptable absences include shopping trips and birthdays. The school and the Local Authority will take action to minimise unauthorised absence using the legal powers that are available to them. Family holidays during term time Parents/carers should not expect a school to agree to a family holiday during term time. Parents/carers do not have a legal right to take children out of school on holiday at times when they should be attending school. Schools will normally refuse to authorise holidays during term time and the Local Authority will support them in doing so. The law states that schools have the discretion to grant up to ten days authorised absence in a school year. Each application will be considered individually, taking into account a range of factors including the pupil’s previous attendance record and the reason for the request. Parents should discuss the request with the school as soon as possible; never ask for absence during examination or test periods; and should not book travel until the school’s permission has been sought. Remember that the school will usually refuse authorisation. 2 Holidays in term-time leaflet – text Information for Parents/Carers Children of school-age who are registered at a school must, by law, attend that school regularly. Regular attendance is important, not just because the law requires it but also because it is the best way of ensuring children make the most of the educational opportunities available to them. When a child is absent from school he or she misses not only the teaching provided on the days when absent, but is also less prepared for the lessons building on that when returning. There is a consequent risk of underachievement, which Headteachers and parents will both wish to avoid. There may be occasions when a child has to miss school - for example, if unwell. Any other absences should be kept to an absolute minimum. In particular, parents should avoid taking children out of school during term-time in order to go on holiday. What the Law says The regulations make it clear that parents do not have any right or entitlement to take a child out of school for the purposes of a term-time holiday. The regulations do state that Headteachers may, in certain circumstances, grant up to 10 school days leave in a school year for the purposes of an annual family holiday but parents should not expect such leave to be granted as a right. Indeed, it is likely that in most cases Headteachers will refuse to authorise absence. The Government’s own guidance on the issue of term-time holidays states: ‘Parents should not normally take pupils on holiday in term’. How Headteachers deal with requests for term-time holidays All schools in Bracknell Forest have a policy about term-time holidays. This policy, stated either in the school brochure or in the school’s attendance policy, will strongly discourage parents from arranging family holidays during term-time and will, as a rule, state that leave for term-time holidays will not be granted unless there are exceptional circumstances which might justify it. This response will be strongly supported by the Local Authority. What are “exceptional circumstances”? It is the decision of the Headteacher as to what might constitute exceptional circumstances and each request for term-time absence will be considered on an individual basis. A Headteacher will not accept as an exceptional circumstance the fact that a holiday is cheaper during term time. An exceptional circumstance is much more likely to be a one-off, unique situation e.g. a parent, grandparent or other close relative is seriously ill and the holiday proposed is likely to be the last such holiday; there may have been a significant trauma in the family recently and the Headteacher might consider that an immediate holiday might enable the child concerned to better deal with the situation; or the holiday might be a unique, one-off never-to-be-repeated occasion which can only take place at the time requested. In some cases a parent’s employer might restrict holidays to a certain time-period. In these circumstances the Headteacher may ask for written confirmation from the employer. The Headteacher will also look very carefully at the child’s previous attendance record and should he or she have concerns, for example should the child’s average attendance be below 95%, it is highly unlikely that the Headteacher will agree to authorise any further absence. Issues parents need to be aware of Should a school not agree to grant leave and parents take their child on holiday in spite of this then this will be counted as unauthorised absence - this is the same as ‘truancy’. (Schools are now legally required to record. as a specific category. all absences that occur because of family holidays taken without authorisation). SAM Appendix 8 3 Parents should be aware that if leave is granted it will be for the purposes of an annual family holiday - that is, a single period of absence that occurs once in a school year. An annual family holiday is not a series of long weekends or several two or three day breaks. Odd days off are equally disruptive. Should leave be granted but the child remain absent for longer than agreed then this extra time will be recorded as unauthorised absence. Should a child fail to return to school within 10 school days of the agreed return date and there is no contact from the parents the school may remove the child’s name from the school roll. There is no guarantee that the place would remain unfilled. The school may also inform its Education Welfare Officer. In these circumstances the parents would be responsible for ensuring that their child was registered at and attends another school. (In such circumstances parents would not be entitled to receive any assistance with regard to transport). Extended visits overseas Occasionally holidays of more than 10 days to visit family overseas may be unavoidable. In such circumstances Headteachers will recognise the importance and significance of such visits and will ensure that a positive discussion with the parents takes place beforehand. In these circumstances, Headteachers will stress to parents the likely educational impact upon their child if extended leave is taken during term-time. They will also explain what work the child will miss at school, how this may be addressed on return and how parents can help the child. Headteachers may also consider giving the child work to do while he or she is away. Why term-time holidays should be avoided Headteachers recognise that parents’ circumstances (financial position, working commitments, etc) vary enormously, but they are nonetheless required to ensure that children only miss school if it is absolutely unavoidable. Headteachers will wish to reduce the amount of time lost to learning because they believe that a child’s absence during term-time can seriously disrupt his or her continuity of learning. There is a consequent risk of underachievement, which both Headteachers and parents will wish to avoid. Further information www.education.gov.uk/schoolattendance NB - Throughout this leaflet reference to parent(s) should be understood to include carer(s). 4 Appendix 9 School procedure for addressing attendance concerns at 95% or below Attendance 95% HOY/Tutor/Teacher investigates Acceptable reason? Yes No No further action 1st letter to parent/s 94/95% Improvement? Yes No 2nd letter to parent/s Yes Improvement over 1 – 2 week period? No 3rd letter to parent/s. HOY/FSA to meet with parents/pupil and put in place Attendance Action Plan (AAP) Response from parent/s Yes No No 2 week target met? Yes Inform parents. Issue certificate for improved attendance if appropriate Consider request for penalty notice and/or 4th letter to parent/s to inform of referral to Education Welfare Service (see guidance) Appendix 10 Specimen Letters 1st Specimen letter Name Address1 Address2 Town Postcode Date: Dear RE: Pupil’s Name From monitoring our registers we find that your child’s attendance has dropped to below 95%. As you know it is important that children attend school regularly. If there is anything we can do to support you in getting your child into school, please contact me to discuss the matter further. Yours sincerely (Headteacher/Head of Year or House/Attendance Officer) SAM Appendix 9 1 2nd Specimen letter Name Address1 Address2 Town Postcode Date: Dear RE: Pupil’s Name We are very concerned at the number of absences that (pupil’s name) has recorded against (his/her) name. I wrote to you recently about your child’s attendance, but unfortunately there has been no improvement and your child’s attendance is currently ?% which falls short of the expected level of attendance. Please see attached copy of (pupil’s name) attendance register. If there is a reason for this level of attendance, I should be grateful if you could contact me to discuss the matter. We shall continue to monitor your child’s attendance and hope to see an improvement. If there is not improvement, we will need to arrange a meeting to discuss the matter. Regular attendance at school is important to ensuring your child’s success at school and I would like us to work together to improve (pupil’s name) attendance. I look forward to seeing an immediate and sustained improvement in (pupil’s name) attendance. Yours sincerely, (Headteacher/Head of Year or House/Attendance Officer) 2 3rd Specimen letter Name Address1 Address2 Town Postcode Date: Dear RE: Pupil’s Name Further to my letter of (date of 2nd letter) I am concerned to see that there is no improvement in (pupil’s name) attendance. I enclose a copy of (pupil’s name) attendance register for your information and consideration I would like to invite you and (pupil’s name) to a meeting to discuss (his/her) attendance and look at ways of improving the situation. The purpose of the meeting is to complete an Attendance Action Plan in which we will agree how to support (pupil’s name) in improving (his/her) attendance, and to understand the consequences if the situation does not improve. Under the terms of the 1996 Education Act, it is your legal responsibility to ensure the regular school attendance of your child. The Education Welfare Officer is aware that I am contacting you and that if the result of the Attendance Action Plan is unsuccessful, I will make a formal referral to the Education Welfare Service. The EWS will consider taking legal action. Please contact me as soon as possible so that we can arrange a meeting at a mutually convenient time to meet. Yours sincerely, (Headteacher/Head of Year or House) SAM Appendix 9 3 4th Specimen letter Name Address1 Address2 Town Postcode Date: Dear RE: Pupil’s Name Further to the recent (correspondence/meeting) expressing concerns about (pupil’s name) poor attendance at school I note that there has not been any improvement. (Pupil’s name’s) attendance is currently ?% (see attached certificate). Attendance at school is important and it is your legal responsibility to ensure that it happens. Poor attendance will affect your child’s attainment. This situation cannot be allowed to continue. I am making an immediate referral to the Education Welfare Service for appropriate action to be taken. Please contact me if there is anything more that I can do to support you to improve (pupil’s name) attendance. Yours sincerely (Headteacher/Head of Year or House) 4 Appendix 11 EDUCATION WELFARE SERVICE SCHOOL REFERRAL Please Note: All referrals will be forwarded to the Team Leader, Education Welfare Service, for consideration before being allocated to the relevant Education Welfare Officer. Please complete all sections fully and attach an attendance report and evidence of pre-referral work e.g. copies of letters sent and/or minutes of meetings held in school. Failure to do so many result in the referral being returned. SURNAME: NAME OF SCHOOL OR SCHOOL STAMP FIRST NAME: MALE/FEMALE: DOB: CLASS/YEAR GROUP: NAME OF PARENT(S)/CARER: ADDRESS: CONTACT TELEPHONE NUMBER: HOME: MOBILE: Are you aware of any reason why the EWO should not make a home visit? Yes/No SIBLING(s) ATTENDING (NAME AND YEAR GROUP) ANY CONCERNS? (Please note) Statement of Educational Needs? Yes/No Additional Information: Looked After Child? Yes/No Child protection issues? (if yes, please specify) Yes/No Current or previous victim of bullying? Yes/No Ethnic origin White British White Irish Any other White Background* Any other Asian background* Caribbean African Indian Pakistani White & Black Caribbean White & Black African Chinese Any other* Ethnic Group Any other Black Any other mixed background* Bangladeshi White & Asian Not given *If other, please specify: ………………………………………………………. Reason for referral including brief outline of pre-referral work and involvement of other agencies: ATTENDANCE WELFARE BEHAVIOUR Parent/carer informed of referral: Name of referrer: Date: YES/NO Designation: FOR OFFICAL USE: DATE RECEIVED: DATE ALLOCATED: CASE ALLOCATED TO: REFERRAL NUMBER: Top copy: EWS REFERRAL ACCEPTED: DATE: Bottom copy: School SAM Appendix 11 Contact No: 1 YES/NO GUIDANCE NOTES FOR REFERRAL TO THE EDUCATION WELFARE SERVICE (EWS) When concerns about attendance are initially identified by the school there should be some attempt to resolve the concern. Schools should develop a clear procedure for managing pre-referral work, which indentifies who will be responsible and what steps will be taken. The flow chart in Appendix 9 of School Attendance Matters gives a possible framework. It is best practice to develop standard letters and recording formats with agreed trigger levels. Concerns may be addressed in a variety of ways such as a telephone call to parents/carers, sending a letter home, or holding a meeting in school, the evidence of which should be retained by the school. Any contact with the family should be recorded; the record should contain basic details such as: The name of the pupil The name of the person/s contacted The date and time of the contact Information shared/gathered during the discussion The actions agreed or the outcomes of the contact Many schools have developed standard letters for use in addressing attendance concerns. This is good practice and some specimen letters are provided in Appendix 10 of School Attendance Matters. The letters could be sent when certain trigger points are reached, such as attendance below 95%. The first letter sent might be less formal; if this fails to bring about an improvement then a more formal letter could be sent. The next step might be to invite the parent or carer into school for a meeting, the minutes of which should be circulated to all present. Any meeting should result in an agreed action plan for improvement and a timescale for review. If all these attempts to resolve the concern prove unsuccessful the parent/carer should be informed that a referral will be made to the EWS. The referral form can then be completed and sent with a copy of the attendance record, a brief chronology of the actions taken by the school to resolve the concern and copies of the relevant records (letters, minutes of meetings). These records should date back no further than three months. If a referral is received by the EWS that does not contain the evidence of prereferral work it is likely to be returned to the school so that initial work can be completed by school staff, or that the evidence can be provided. 2 FILE NOTE EWS REFERRAL ACTION PLAN Pupil Name: School/Year Group: Allocated to: ACTION REQUIRED: EWO to make a home visit and complete an assessment. EWO to advise parents of their legal responsibility and that failure to ensure pupil attends school regularly may result in prosecution. EWO to investigate any possible medical reasons for absence. EWO to agree an attendance plan with parents and pupil, to include targets and review date. EWO to explore whether parenting support is required (e.g. parenting classes). ADMIN ACTION: ALERT system to be checked. ONE system to be checked for CAF Check CP database Signed: SAM Appendix 11 Team Leader, EWS 3 EWS REFERRAL REPORT TO SCHOOL Pupil Name: Date of Birth: Address: School: Content Date, time and place of contact: Persons present: Reason For contact: Notes of discussion: Agreed action Plan Signatures EWO Team Leader Date cc. Parent File 4 Missing Pupil Form This form is to be used in conjunction with ‘Children Missing Education policy, School Attendance Matters Guidance and the ‘Missing Persons Protocol’. School Child’s Name Date of Birth Missing Date Please tick (or leave blank if unknown). Please provide any further comments/concerns overleaf. Yes 1. Has the child gone missing with their family? 2. Is the child in care or have a child protection plan? 3. Is there planned or current Children’s Social Care involvement (e.g. an initial assessment or a section 47 assessment)? 4. Is there good reason to believe that the child may be the victim of a crime? 5. Have there been past concerns about this child and family which together with the sudden disappearance are worrying? e.g: a. Is there any known history of substance or alcohol dependency within the family? b. Is there any known history of domestic violence? c. Is there concern about the parent/carer’s ability to protect the child from harm? 6. Are there health reasons to believe that the child is at risk? e.g: a. Does the child need essential medication or health care? b. Was the child noted to be depressed prior to their unexplained absence? 7. Are there religious or cultural reasons to believe that the child is at risk (e.g. rites of passage or forced marriage planned for the child)? 8. Is the child new to the Country or recently returned to the UK? 9. Has there been a recent, sudden or unexpected change in the child’s behaviour? 10. Have there been any past concerns about the child associating with significantly older young people or adults? 11. Was there any significant incident that may have contributed to the child’s unexplained absence? 12. Has the child been a victim of bullying? 13. Does the child have special educational needs? 14. Has there been any change in the child/family’s financial circumstances? 15. Is there a risk of eviction from the family home? Q1 – If the answer is ‘yes’ to this question then consider recording as unauthorised absence unless other risk factors are known. Q2 to Q7 - If the answer is ‘yes’ to any one of these questions please consider contacting the police and Children’s Social Care immediately. Name of person completing form SAM Appendix 11 5 No Missing Pupil Form (continued) School Child’s Name Date of Birth Missing Date Question Comment / Concern No. Analysis and Actions Has a referral been made to: Yes No Education Welfare Service Children’s Social Care Police Any other service (please define) If referral made to EWS have all relevant documents been included? 6